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ACTS, RESOLUTIONS, MD MEMORIALS.

V-. •»

jCA-O X fe,

RESOLUTMS AID MEMORIALS,

ADOPTED BY THE

Jfirst ^t^uhiik l^ssmblg

OF THE

TERRITORY OF ARIZONA.

/% ._ .- «. "•-. A ••-

• • •• •

• • • \-"

• • • • «•

• • • •

•• ••• :'• !•*

•-•"-to .--'^--"••^ ••• •

Session begun on the Twenty-sixth day of September,
and ended on the Tenth day of November, 1864, at Prescott.!

PEESCOTT:

OFFICE OF THE ARIZONA MINER,

OmCIAL PAPBB OF TSH T^BBTrORT.

1866/

^^ .'

205485

• ^ • • •
• • • . »«

• • • • «

OERTIFIO-A-TE.

TEERITOET OP ARIZONA,

Omoi or TBI Sborbtabt.
I, RtOHABD 0. McCoRincE, Secretary of the Territoty of Arizona, do hereby certify
that the Acts, Resolutions, and Muosuu, herein contained, are printed aa paesed
by the first Legislatiye Assembly of the Territory, according to the enrolled copies
npon file in my office.

WiTtTEss my hand and the Seal of the
Territory, f^ren at Prescott, this
first day of December, A. D. eight-
een hundred and sixty-four.
Richard 0. MoCobmiok,

&cr«fary of (fte Terriiory.

THE ORGMIC ACT.

AN ACT to provide a temporary goyemment for the Territory of Abizona, and for
other purposes.

■ Be it enacted bt the Senate and Hottsb of Representatites of the United States
OF AicEBiOA, in Gonobess ASSEMBLED : That aU that part of the present Territory of
New Mexico situate west of a line running due south from the point where the
south-west comer of the Territory of Colorado joins the northern boundary of the
Territory of New Mexico to the southern bo]indary line of said Territory of New
Mexico, be, and the same is hereby, erected into a temporary government by the
name of the Territory of Arizona : Provided, that nothing contained in the provisions
of this act shall be construed to prohibit the Congress of the United States from
dividing said Territory or changing its boundaries in such manner and at such time
as it may deem proper : Provided, further, that said government shall be maintained
and continued until such time as the people residing in said Territory shall, with the
consent of Congress, form a State government, republican in form, as prescribed in
the Constitution of the United States, and apply for and obtain admission into the
Union as a State, on an equal footing with the original States.

Seo. 2. And be it further enacted, that the government hereby authorized shall
consist of an executive, legislative, and judicial power. The executive power shall
be vested in a governor. The legislative power shall consist of a council of nine
members, and a house of representatives of eighteen. The judicial power shall be
vested in a supreme court, to consist of diree judges, and such inferior courts as the
Legislative Council may by law prescribe; there shall also be a secretary, a marshal, a
district-attorney, and a surveyor-general for said Territory, who, together with the
governor and judges of the supreme court, shall be appointed by the President, by
and with the advice and consent of the Senate, and the term of office for each, the
manner of their appointment, and the powers, duties, and the compensation of the
governor, legislative assembly, judges of the supreme court, secretary, marshal,
district attorney, and surveyor-general aforesaid, with their clerks, draughtsman,
deputies, and sergeant-at-arms, shall be such as are conferred upon the same officers
by the act organizing the Territorial government of New Mexico, which subordinate
officers shall be appointed in the same manner, lAd not exceed in number those
created by said act; and acts amendatory thereto, together with all legislative
enactments of the Territory of New Mexico not inconsistent with the provisions of
this act, are hereby extended to and continued in force in the said Territory of
Arizona, until repealed or amended by future legislation : Provided, that no salary
shall be due or paid the officers created by this act until they have entered upon tlie
duties of their respective offices within the said Territory.

viii THE ORGANIC ACT.

Sbo. 3. And be it fiirther enacted, that there ehall neither be slavery nor involun-
tary servitude in the said Territory, otherwise than in the punishment of crimes,
whereof the parties shall have been duly convicted ; and all acts and parts of acts,
either of Oongreas or of the Territory of New Mexico, establishing, regulating, or
in any way recognizing the relation of master and slave in said Territory, are
hereby repealed.

Approved February 24, 1863.

:•

••

• • •

• • • •

••

• •,

•••

••

• •

OFFICERS OF THE.TERRITORT. I

FOSmOlT.

Governor

Secretary

Chief-Justioe -. . .

AsBOciate Justioe. . . .

• • • •

District-Attomey • • • •
Surveyor-General. . . .

MarslNftl

Supt Indian Affidra. .

VAHB.

John N. Gk)odwin.

Richard G. MoCormicic. ....

William F. Turner.

William T. Howell

Joseph P. AUyn

Almon Gage

Levi Badiford

^Uton B. Duffleld.

Charles D. Boston

wuEjUB ntoic

Maine ....,

New York

Iowa ,

Michigan.. .
CSonnecdcat
New York ,
Wisconsin..
California .,
Kentuclqr •

LOOATIOir.

Preeoott.

u
(I

Tacson.

La Paz.

Presoott

TooBon.
tt

• • •♦

• •

••; >

•

•• . *

t. •

t i

I V

I ■ '

I I

• » - • • «

• • • '

■ • • •

THE FIRST LEGISUTIVE ASSEMBLY.

COUNCIL.

KAMS.

BESIDENCX.

OCCUPATION.

AGE.

WHERE BORN.

Coles Bashford.

Tucson

Lawyer.

..47..

New York.

Francisco 8. Leon

<«

Farmer

..42..

Arizona.

Mark Aldrich

Merchant

..62..

New York.

Patrick H. Dunne

<i .

Printer

..40..

Maine.

GeorireW. Leihy

La Paz ....*•

Miner. ..........

..47..

New York.

Jos^ M. Redondo

Arizona City

Agua Frio Ranch .

Groomdale

Weaver

Ranchero

. .40. .

Mexico.

Kinfl: S. Woolsey

Farmer

Alabama.

Robert W. Groom

Miner. 1

..40..

Kentucky.

Henry A- Bigelow

Miner

Massachusetts.

HOUSE OF KEPRESENTATIVES.

NAME.

W. Claude Jones. . .
John G. Capron. . .
Daniel H. Stickney.
Gregory P. Harte. .
Henry D. Jackson.

Jesus M. Ellas

Nathan £. Appel. .
Norman S. Higgin&
Gilbert W. Hopkins
Luis G. Bouchet. . .
George M. Holaday
Thomas J. Bidwell.
Edward D. Tuttle..

William Walter

JohnM. Boggs.. ..
Jackson McOrackia

James Grarvin

James S. Giles. ....

RBSmENGE.

Tucson

Cababi

Tucson

Tubac

Cerro Colorado. . . .
Maricopa Mine. . .
La Paz

Castle Dome

Mohave City

Prescott

Lynx Creek

Prescott

OCCUPATION,

Lawyer

Merchant

Miner

Surveyor

Wheelwright

Ranchero

Merchant

Mining Engineer. .

((

Carpenter... .
Hotel-Keeper.
Miner

Physician.
Miner. . . ,

AOB.

.46.
.35.
.62.
.24.
.40.
.35.
.86.
.28.
.85.
.32.
.46.
.31.

,28.
,28.
,32.
,36.
,33.
28.

WHERE BORN.

Ohio.

Massachusetts.

Ohio.

New York.

Arizona.

Germany.

Onio.

Sew York.

CJalifomia.

Indiana.

MissourL

New York.

i^eimsylvania.

.Missouri.

South Carolina.

lUinois.

Delaware.

ORDEE OF ACTS.

Paob

1. Authorizing the Appointment of a Coinmiflsioner to report a Code of Laws 19

2. For the Benefit of John G. Capron 19

8. Declaring Certain Routes as a County Road in the Territoiy of Arizona 30

4. For the benefit of Elliott Coues , 20

& Empowering the (Governor to Appoint a Commissioner to Draft a Map of the Terri-
tory 20

6. To Incorporate the Arizona Central Road Company 21

7. Granting the Ezdusive Right to Samuel Todd and his Associates and SuooessorSi to

maintain and keep a Ferry across the Colorado River at Mqjave 24

8. Incorporating the Castle Dome Railroad Company 36

9. To Incorporate the Tucson, Poso Terde, and Libertad Road Company 27

10. To Incorporate the Santa Maria Wagon Road Company. . . : • 80

11. To Incorporate the Mojave and Prescott Toll-Road Company 32

13. To Provide for Stay of Legal Proceedings on Foreign Indebtedness. • 85

18. Granting the Exclusive Right to William D. Bradshaw and his Associates tp main-
tain and keep a Ferry across the Colorado River at La Paz ^ 36

14. To Incorporate the Hualapai Mining, Smelting, and Assaying Company 87

15. To Authorize the Secretary of the Territory to appoint an Assistant 89

16. Concerning Grants and Deeds for Lands 89

17. To Authorize Probate Judges to appoint a Term of Court for Civil Business 40

18. To Incorporate the Arizona Historical Society 40

19. To Appropriate Money for the Aid of Public Schools 41

20. To Divorce Mary Catharine Mounce from the Bonds of Matrimony 42

21. Authorizing a Loan on the Faith and Credit of the Territory to Inaugurate and Pay

the Expenses of a Campaign against thie Apache thdians . . • , 42

33. Authorizing the Raising of Rangers 46

38. Relating to Interest. 46

24. In Regard to County Recorders. 46

J2B. Of Money of Account 47

26. Authorizing Certain Officers to exercise the Powers of Notaries Public. 47

37. Concerning Possessory Rights in Public Lands 47

28. In Regard to Printing 48

29. Allowing Persons in the Military Service to Vote at Elections 48

80. AUowing Persons in the MiKtary Service of the United States and of this Territory

to hold Mining Claims. . . . ^ . , ..............'. 49

31. Creating a Seal for the Territory of Arizona ,..'.. 60

82. Relating to the Publication of Legal Notices 60

Xiv ORDER OF ACTS.

Paos

88. To Provide for the Payment of Certain Expenses incurred in the late Indian Cam-

paign under Lieut-Colonel King S. Woolsey 51

84. To Incorporate the Arizona Railway Company ' • • 51

35. Incorporating the Prescott, Walnut Grove, and Pima Road Company 63

86. To Provide for the Contingent Expenses of the Territorial Grovemment 56

37. Amendatory to Chapter Fifty-Seven of the Code, entitled " Of Fees of OiBcers" 67

38. Declaring the Time when Chapter Fifty-Nine of the Code, entitled " Of the Prohibi-

tion of Gambling," shall take effect 57

89. To Incorporate the Prescott and Fort Wingate Road Company 57

40. To Provide for the Civil Expenses of the Territorial Government 60

ORDER OF RESOLUTIONS,

1 . Providing Payment for Enrolling Bills t 63

2. To Purchase Books for the Territorial Library 63

8. instructions to the Honorable Charles D. Poston, couceming Arms and Mail Routes

with iPostal Service 64

4. Instructing the Honorable Charles D. Poston to urge the Congress of the United States

to appoint Commissioners to Survey and Establish the Boundary Line between
Nevada, Utah, and Colorado Territories and Arizona 64

5. Relative to the Territorial Arms and Ammunition 65

6. Authorizing the Governor to sell the Territorial Arms 65

7. Providing Additional Compensation for the Secretary of the Council, Clerk of the

House of Representatives, and their Assistants 66

8. Appointing a Translator and Interpreter, who shall act as a Commissioner to publish

tlie LawB required to be published in the Spanish language 66

Jl9. 1*6 give effect to Chapter Twenty-three of the Code, entitled " Of Education " 66

10. Providing for' t*rinting the Lectures of the Honorable W, Claude Jones, on the

Resources of Arizona. , 67

11. Empioweriiig the Governor of the Territory to make Necessary Corrections in the

■ Phraseology and Wording of the Code of Law& 67

12. Relative to Publishing a Compendium of the Laws ot the' Territory in Spanish. 6*7

13. Tendering Thanks to the Honorable Charles D. Poston, Superintendent of Indian

Affairs....;....... ... .i .......... .i '. , 68

.14. Tendering Thanks to Lieutenant-Colonel Nelson H. Davis, Inspector-General of the

Department of New Mexico. .. . . . : 68

15. Tendering Thanks to His Excellency John N. Goodwin, Governor of the Territory. . . 69

16. Tendering Thanks to the Honorable Richard C. McCormick, Secretary of the Terri-

■

' tory 69

17. Tendering Thanks to Lieutenant-Colonel King S. Woolsey and his Men 69

18. Tendering Thanks io 'Cfijptain T. T. Tidball, Fifth Infentry, California Volunteers. .... 70

19. Relative to Sylvester Mowry *^^

OADEB OF ACTS. XV

Paab
20. Tendering Thanks to the Honorable William T. Howell, ABSOciato Justice of the

Supreme Court, and Commissioaer to Beport a Code of Laws; also Providing

that said Code shall, in respect to the Author thereof be known as '* The HbweU-

Code" .1 n

2L Empowering the Goyemor of the Territory to change certain Bills 71

OKDER OP MEMORIALS.

1. Asking that the Tract of Land hi the Bend of the Colorado Biyer opposlto Fort Yuma

be attached to the Territory of Arizona • 75

2. Asking an LKsrease per diem for Members of the Legislative Assembly, and an Increase

of the Salaries, of the Territorial Officers 1 6

8. Askmg an Appropriation of One Hundred and Fifty Thousand Dollars for placing

Lidians of the Colorado on a Beservation , t7

4 Asking an Appropriation of Two Hundred and Fifty Thousand DollarB m aid of the

War against the Apaches i 78

6. Asking an Appropriation' of One Hundred and fifty Thousand Dollars for the Improve-
ment of the NavigaUon of the Colorado Biver • . • • 19

.«:•. < -

xxO JLk>,

•A ■•:

jcL O X lb .

AN ACT

Attthorizing the Appointment of a Commissioner to report a Code of

Laws.

Be it enacted by the Legislative Assembly of the Territory of Arizona :—

Sec. 1. That the Governor of said Territory be and he hereby is author-
ized and empowered to appoint a commissioner to prepare and report a
code of laws for the use^md consideration of the Legislature of said Terri-
tory.

Sec. 2. This act shall take effect and be in force from and after its passage.
Approved Octobef 1, 1864. •

AN ACT

For the Benefit of John G. Capron.

Whereas, John G. Capron, of the tot judicial district^ in the year one
thousaixd eight hundred and sixty, was induced by fraudulent concealment
of criminal facts to legally marry one Sarah Rosser in the same district,
and notwithstanding the strongest legal causes exist for annulling said
marriage, there is no law of divorce existing in this Territory : —

f ITierefore^ Be it enacted by thfe Legislative Assembly of the Territory
of Arizona: —

Sec. 1. That the bonds of matrimony heretofore contracted and existing
between John G. Capron and Sarah Rosser be, and they are hereby declared
annulled and absolutely dissolved, and that the said John G. Capron have
the privilege of marrying again.

Sec. 2. This act shall take effect and be in force from and after its passage.
JLppRoysD October 13, 1864.

20 LAWS OP ARIZONA.

AN ACT

Declaring Certain Routea as a County Moad in the Territory of

Arizona.

Be it enacted by the Legislative Assembly of the Territory of Arizona :—

Sec. 1, That the road or route known as the Woolsey trail, beginning at
the town of Prescott, thence continuing in a north-eastf rly direction. a dis-
tance of twenty-five miles to the Agua Frio Ranch ; from thence continuing
in a southerly course to Big Bug Creek ; from thence down said stream in
a south-easterly course to Slate Creek ; thence southerly to Black Canon or
the new mines ; thence continuing southerly to Bird Springs, and thence to
Casa Blanca or Pima Villages — shall be declared by the passage of this act
a county road^ free for all intents and purposes therein required.

Sec, 2. And be it further enacted that said route or road shall not be
subject to incorporation by any person or persons as a private toU-road for
the period of one year from the passage of this bill.

Approved Octobier 24, 1864.

AN ACT »

. For tJie Benefit of JSUiott Couea.

Whereas^ Elliott Coues, of the third judicial district, was legally married
to one Sarah A. Richardson, and notwithstanding the strongest legal causes
exist for annulling said marriage, there is no law of divorce existing in this
Territory : —

Thereforej Be it enacted by the Legislative Assembly of the Territory
of Arizona : —

Sec. 1. That the bonds of matrimony heretofore contracted and existing
between the said Elliott Coues and Sarah A. Richardson be, and they are
hereby declared annulled and absolutely dissolved, and that the said Elliott
Coues have the privilege of marrying again.

Sec. 2. This act shall take effect and be in force from and after its passage.
Appboved October 24^ 1864.

AN ACT

Mnpowerinff the Governor to Appoint a Commissioner to Draft a Map

of the Tkrritory.

Be it enacted by the Legislative Assembly of the Territory of Arizona :—

Sec. 1. That the Governor is hereby authorized and empowered to
appoint a suitable and competent person, and commission the same, to ool-

LAWS OP ABIZONA. 21

lect all neceBsary reliable statistics for making a complete and correct map
of the Territory of Arizona, showing county lines ; said map to be litho-
graphed and publisdbed in good style, of such dimensions as the Governor
and Secretary may deem necessary ; said map, when complete, to be the
official map of the Territory.

SsG. 2. Said map to indude all explorations made up to this time, giving
the positions of all the mines and the geological formations in which they
are situated^ and all geological explorations made in the Territory up to
this time.

Sec. 3. Said commissioner shall furnish the Governor with twenty copies
of the map, and the Secretary is hereby directed to furnish each county in
the Territory with one copy, and such other distribution as he may deem
necessary.

Sec. 4. Such commissioner shall receive such compensation as the Gover-
nor and Secretary may deem proper.

Sec. 5. This act shall take effect and be in force from and after its passage.
Approved October 25, 1S64.

AN ACT,

To Incorporate the Arizona Central Moad Company.

Be it enacted by the Legislative Assembly of the Territory of Arizona : —

Sec. 1. That L. C. Gray, Charles O. Cunningham, Joseph Tyson, and
their associates, are hereby constituted and formed into a body politic and
corporate, with the name and style of the Arizona Central Road Company ;
and with this name and under this style shall have perpetual succession, sue
and be sued, plead and be impleaded ; to have and to' keep a common seal ;
acquire, enjoy, and transfer either real estate or personal property ; and may
make or adopt all rules and regulations necessary to carry into effect the
objects of this incorporation not inconsistent with or repugnant to the laws
of the United States or those of this Territory.

SEa 2. That said company is authomed and allowed the privilege and power
to construct and build a toll-road from such point in or near the town of
La Paz as they may deem most convenient, by such route as they may
consider most favorable, in the general direction of the Ehrenberg road
so-called to Prescott, in said Territory, with the right to construct a branch
toll-road from some convenient point in said road to the town of Weaver ;
to construct bridges, and grade said road if they think proper, and to dig
wells at practicable points,. and keep and maintain facilities for furnishing
water to men and animals passing over said road, and to do all other things
necessary to complete said road and make the same safe and passable at
all times ; and may construct and maintain one or more toll-gates ; and may
receive and collect toll or passage-money in sums not exceeding the follow-
ing rates, to wit :

22 LAWS OP ARIZOKA.

For each wagon drawn by two horses, mules, or homed cattle, four (4) centd
per mile;

For each additional span of horses, moles, or hoimed cattle, one cent and
a half (1^) per mile ;

For each carriage or cart drawn by one horse, male, or ox, three cents
and one-half (3 J) per mile ;

For each horse or other animal and rider, two cents and one-half (2^)
per mile;

For each pack animal, horse, mule, ass, or horned cattle, one cent and
one half (1^) per mile ;

For every sheep, goat, or hog, one-quarter of one cent (i) per mile ; it being
umderstood that no foot traveller shall pay toll ; and that said company
shall permit travellers with their animals to take from any wells dag by
them on the line of said road, water safficient for the use of said traveUers
and their animals, while passing over said road or making the usual and
necessary stops thereon, without charge therefor : Provided that, after the
expiration of ten years fi*om and after the date of completion of said road,
the Legislative Assembly of the Territory or State shall have the right to
modify or change the rates of toll. ^

Sec. 3. That said company shall have the right of way over lands of
private individuals, using therefor one track only fifty (50) feet wide ; and
if the compensation or damages to be paid therefor cannot be settled by
agreement of the parties, the same shall be determined by the judge of
probate of the county in which the land lies, upon complaint to him, set-
ting forth the facts ; and said company shall have the right to take, occupy,
use, and improve, or in any legal way acquire title to not more than one
hundred and sixty (160) acres of public lands at each station, unless a
greater amount may be granted them by the Congress of the United States,
to be selected by them in such quantities and at such points on the line of
said road as they may deem available to enable said company to dig wells
and to cultivate and maintain ranches for the accommodation of travellers :
Provided^ that the number of stations on said road shall not exceed twenty.

Sec. 4. That said company shall, within the period of three (3) years
from the passage of this act, dig and maintain not less than four (4) wells
of water, providing facilities for using the same at convenient intervals
between La Paz and Date Creek, and shall make said road throughout safe
and passable for wagons with their usual freights to the satisfaction of a
disinterested commissioner acquainted with the construction of roads, to be
appointed by the governor of this Territory, within said time, upon notice
to him by said company, that said road is completed and ready for exami-
nation ; that said commissioner shall examine said road and make report in
writing to the governor what improvements said company have made on
said road, and the cost of the same, and whether in his opinion said com-
pany have complied with the terms of this act; and if the governor and
said commissioner shall agree in opinion that said road is safe and passable,
and that said company have in good faith complied with the terms of this
act, he shall give to said company a certificate of the fact, and authorize
said company to collect tolls upon said road as aforesaid ; and shall lay
before the next Legislative Assembly that shall convene thereafter, copies
of all said papers ; and if said company shall not construct and complete
said road and dig said wells as required by this act within the time pre-
scribed as aforesaid, then it shall foxfeit each and all the powers and privi-
leges to it granted.

LAWS 07 AmZOKA. ' 28

Sxc. 5. That if any person shall neglect or refuse to pay the toll author-
ized by this act for any animals or teams owned or driven by him when
demanded by any person authorized to receire the same, he shall be liable
for three times the amount of toll legally due from him, to be collected on
complaint in the name of said company, in any court of competent jurisdio-
tion : and the animals owned by nim or in his bharge shall be liable to be
taken to satisfy the judgment and execution for debt and costs thereon*

Sec, 6. That the capital stock of said company shall consist of one hun-
dred thousand dollars ($100,000), which may at any legal meeting be
increased to two hundred thousand dollars ($200,000), to oe divided into
shares of fifty dollars ($60) each ; and each one of said shares shall be con«
sidered as personal property, and may be bought and sold, assigned or
transferred m the manner and in such places as the stockholders or a major-
ity of them may prescribe in their rules and regulations.

Sbc. ?. That the officers of said company shall consist 'of a president,
secretary, treasurer, and three directors, who shall be stockholders of said
company, and shall be eleeted by the stockholders of said conipany, or by
a majority of them legally assembled, and shall hold their offices for one
(1) year from and after their election, and until their successors shall be
duly elected and qualified : and such officers may be removed from office
whenever a majority of stockholders present at any legal meeting called
for that purpose shall determine that they have been guilty of mismanage-
ment or fraud in the discharge of their duties.

Sec. 8. The privileges conceded to said company are, and shall be and
continue, for the term of thirty (30) years from the passage of this act :
aod at the expiration of said term said road shaU be relinquished by them
in good order, and shaU always remain for the benefit of the Territory or
State ; but it is understood that the said company may sell or retain any
real estate owned or possessed by them, and divide the proceeds of the
same, in proportion to the shares held by them, among tne stockholders
after all debts of said company are paid : and said company shall keep said
road in good repair and supplied with water, as required by this act, during
the time for which this grant is made.

Sbc. 9. The meeting to organize said company under this act shall be
held at La Paz, on the first day of December next, and a majority of the
persons named therein shall constitute a quorum for the transaction of busi-
ness, and they may make by-laws and transact any other business that may
be necessary to organize this corporation.

Sbo. 10. That said company shall have the exclusive right to build and
maintain such part of said toll-road as may be included between a point
not less than five miles from the town of La Faz, and the point of the inter-
section of said road and Date Creek, for the space often miles on either
side of said road, and from $aid point of intersection with Date Creek to
a point not less than one mile from the town of Prescott ; such exclusive
rights shall extend for one mile on each side of said road. Provided^ that
in no case shall said exclusive rights interfere with any toll-roads that may
be built between any other points in this Territory, or with any roads con-
structed by the people thereof other than toll-roads.

Sbo. 11. Upon complaint bemg certified to before any justice of the

24 LAWS OF ABIZONA.

peace in any township or district through which the line of said road may
pass, that any portion of said road is not in a safe and passable condition
for wagons and vehicles, and that said unsafe condition ensues from neglect
of said company to keep the road in repair, the said justice shall summon
the said company or its agents to appear before him, at any time appointed
by him not more than ten*days from the day of complaint ; and if it shall
appear that said complaint is true, judgment shall be rendered against said
company as defendants for the costs of proceedings, and no tolls shall
thereafter be collected by said company or its agents until said^ road is
again put in repair and rendered safe for the passage of wagons and vehicles.

Sec. 12. That the rates of toll contained in section two shall be plainly
printed, and posted in a conspicuous place at each toll-gate on the road,
and be maintained at all tunes in a legible condition*

Sbc^ 13. That all persons exhibiting a certificate f^om any commissioned
officer of the Territory that they are in the militia service of the Territory,
shall be exempt from the payment of tolls on said road.

Sec. 14. This act shall take effect and be in force from and after its passage.
; Approved October 28, 1864.

AN ACT

Granting the Mechmve Might to Sanrnd Todd and his Associates and
Successors^ to maintain and keep a Ferry across the Colorado Biver
at Mqjave.

Be it enacted by the Legislative Assembly of the Territory of Arizona : —

Sbc. 1. The exclusive right to keep and operate a ferry across the waters
of the Colorado River at any and every point between what \» known as
Mojave City, and a point five miles above, measured by the meanderings
of the river, and five miles below Mojave City, in this' Territory, is hereby

f ranted to Samuel Todd and his associates and successors for the term of
ve years, with the privileges, and subject to the conditions prescribed by
this act.

Sec. 2. So long, not exceeding five years, as the said Samuel Todd or his
associates or successors shall maintain and operate a good, safe, and sub-
stantial ferry between the points aforesaid, they shall be authorized to
charge, demand, and collect, the following rates of toll, namely : — ^For a
wagon and two animals, three dollars and fifty cents ; for every additional
two, seventy-five cents ; for every carriage with one animal, two dollars
and seventy-five cents ; for every beast of burden, seventy-five ceuts ; for
every horse or mule with its rider, one doUar ; for every footman, thirty-
seven and a half cents ; for every head of loose cattle, horses, mules, or
jacks, thirty-seven and a half cents ; for every hog, sheep, or goat, twelve
and a half cents.

Sec. 3. Upon and after the passage of this franchise, the said Samuel
Todd and ms associates and successors shall be held and obliged to keep

LAWS OF ARIZONA, 25

said ferry m a good, safe, and sufficient order and condition for use both
day and night ; he shall keep a competent ferryman, who shall transport
travellers and stock across said Colorado River when requested to do so^
at all hours of day or night, under penalty of forfeiture of not less than one
hundred dollars for each refusal or neglect.

^ Sec. 4. Should the said Samuel Todd and his associates and successors
neglect or refuse to keep said ferry in the condition prescribed by this
act, complaint mayT>e made before any court of competent iurisdiction in
the precinct or county in which said ferry may be situated, by any person
making affidavit to the same ; when it shall be the duty of such judge or
magistrate to summon said Samuel Todd, his associates and successors, or
ageat, to appear before him within five days after such complaint shall be
made ; and if it shall appear,' after due investigation, that such neglect or
refusal lb comply with the provisions of this act is without good and suffi-
cient cause, then said Samuel Todd and his associates and successors shall
be liable for damages resulting therefrom, and forfeit all rights and privi-
leges conferred by this act, until the provisions thereof are complied with.

Sec. 6. The Legislature of the Territory or State, as the case may be,
reserves the right to repeal or change this act, and alter the rates of ferriage
at any time after the passage of the same.

Sec. 6. That the rates of toll contained in section two ishall be plainly
printed and posted in a conspicuous place on each boat, and in each house
or office belonging to the ferry company, and maintained at all times in a
legible condition.

Sbo. 7. That all persons exhibiting a certificate from any commissioned
officer of the Territory that they are in the militia service of the Territory,
shall be exempt from the payment of tolls on the said ferry.

Sec. 8. This act shall take effect and be in force from and after its pas-
sage.
Appeovbd November 3, 1864.

AN ACT

Incorporating the Castle Dome Railroad Company.

Be it enacted by the Le^lative Assembly of the Territory of Arizona :

Sec. 1. That Henry Sage, Rojral H. Waller, E. C. McComb, C. C. Wal-
lace, H. B. Martin, R. M. Martm, Richard Gird, and Thomas J. Bid well,
their associates and succ^sors, are hereby constituted and formed into a
body politic and corporate with the name and style of the " Castle Dome
Railroad Company," and with this name and under this style shall have
perpetual succession, sue and be sued, plead and be impleaded, to have and
keep a conmion seal, acquire, enjoy, and transfer either real estate or per-
sonal property, and may make or adopt all rules and regulations necessary
to carry into effect the objects of this incorporation not inconsistent with or
repugnant to the laws of the United States or those of this Territory.

26 LAWS OF ARIZONA,

Sec, 2, That said company are hereby authorized .and empowered to con-
struct and operate a raibroad from the Colorado River, at or near Castle
Dome city, along such route or line as the incorporators of said company
shall deem roost feasible, to Castle Dome mines or the vicinity thereof,
with the right to dig wells, construct tanks, culverts, station-houses, and
depots, and do all other things necessary to complete and operate said
road in a safe and convenient manner ; and may receive as passage and
freight money, in sums not exceeding the following rates, to wit :

On each passenger over six years of age, ten cents per mile.

On each hundred pounds weight of freight, two and one-half cents per mile*

Sec. 3, That said company shall have the right of way over all lands of
private individuals for the purpose of said road, and the erection thereon
of all necessary tanks, station-houses, and depots ; and if the compensation
or damages to be paid therefor cannot be settled by agreement of the
parties, the same shall be determined by the judge of probate of the coun-
ty in which the land lies, upon complaint to him setting forth the facts ; and
the said company shall have the right to occupy, use and improve^ or in
any legal way acquire title to not more than ten acres at any point on said
road, and not Inore than fifty acres at either terminus thereof— unless a
greater amount may be granted thena by the Congress of the United States,
to enable said company to build and operate successfully.

Sec. 4. That said road shall be deemed real estate, and it, together with
other real property and the personal property of said body corporate, shall
bf liable on execution, and may be seized or sold to satisfy any claims or
demands adjudged against it.

Sec. 5. That the capital stock of said company shall be ten hundred
thousand dollars, which may be increased at any le^al meeting of the stock-
holders to fifteen hundred thousand dollars, to be divided into shares of one
hundred dollars each, — and each one of said shares, shall be considered as
personal property, and may be bought or sold, assigned or transferred, in
the manner and m such places as the stockholders, or a majority of them,
may prescribe in their rules and regulations.

Sec. 6, The officers of said company shall be a President, Secretary,
Treasurer, and Board of Directors to consist of five members, who shall be
stockholders of said company, and shall be elected by the stockholders of
said company, or by a majority of them legally assembled, and shall hold
their offices for one year from and after their election, and until their
successors shall be duly elected and qualified ; and such officers may be
removed froin office whenever a majority of the stockholders present at any
legal meeting called for that purpose shall determine that thejr have been
guilty of mismanagement or fraud in the discharge of their duties.

Sec. 7. The privileges and rights conceded to said company by this act
are, and shall continue, for the term of fifty years from and after the passage
of the same, and that no other railroad shall be constructed between the
same termini within one mile on either side of this road.

Sec. 8. The Directors shall have ftdl power to make and prescribe such
by-laws, rules, and regulations as they may deem needful and proper, for
the disposition and management of the stock, property, estate and effects
of the company, not contrary to the charter or the laws of the United
States and tnis Territory. .

LAWS OF ABIZONA. 27

Sbc. 9. That said company shall have at all times the free and nninter-
rupted use of their roadway, and if any person or persons shall wilfully and
unnecessarily obstruct or impede the passa&^e on or over said railroad, or
any part thereof, or shall injure or destroy the cars, depots, stations, wells,
culverts, tanks, or any property belonging to said railroad company, the
person or persons so offending snail foneit and pay for every such offence
the sum of fifty dollars to said company, and shall remain liable, in addition
to said penalty, for any loss or damage occasioned by his, her, or their act
as aforesaid, and suit may be brought therefor in any court of competent
jurisdiction, at any time within ninety days after such liability shall accrue.

Sec. 10. That the meeting to organize said company under this act shall
be held at Castle Dome, on or before the second Monday pf March, A. D.
1865, and a majority of the incorporators named herein present, or repre-
sented by attorney or proxy, shall constitute a quorum to do any business
necessary to organize the corporation.

Sec' 11. Said company shall, after the first meeting of the incorporators,
and the organization of the corporation, keep and mamtain £m office at some
point at or near the said road, within this Territory, for the transaction of
the business of said company.

Sec. 12. The said company shall complete said road, provide stock and
machinery for the operation of the same, within the period of five years
from the passage of tnis act ; and if said road shall not be constructed and
put in operation within the time specified in this section, then this act shall
be null and of no force and effect.

Sec. 13. This act shall take effect and be in force from and after its
passage.
Approved Kovember 3, 1864.

AN ACT

To Incorporate the Tuc$on^ Poao Verdcj and Zdbertad Hood Company.

Be it enacted by the Legislative Assembly of the Territory of Arizona : —

Sec. 1. That W. M. B. Hartley, M. O. Davidson,S. F. Butterworth, Juan
A. Robinson, Norman S. Higgins, Mark Aldrich, John G. Capron, D. H.
Stickney, and W. Claude Jones, and their associates, are hereby constituted
and formed into a body politic and corporate, with the name and title of
the Tucson, Poso Verde, and Libertad Road Company, and by that name
and style shall have perpetual succession, sue and be sued, plead and bo
impleaded, to have and to keep a common seal, acquire, enjoy and transfer
eitner real estate or personal property, and may make or draft all rules
and regulations necessary to carry into effect the objects of this incorpora-
tion, not inconsistent with or repugnant to the laws of the United States
or the laws of this Territory.

Sec. 2. Said company is authorized and allowed the exclusive privilege
8nd power to construct aifd build a toU-road from the town of Tucson to

28 LAWS OF ABIZONA.

the nearest and most convenient point in the direction of the port of Liber-
tad on the Sonora line, and also a branch toll-road from Tucson, Cababi,
and Fresnal, to intersect the line of said main road at a point most desira-
ble ; and also from the San Antonio, Mowry Silver Mine, and the Esperanza
Mine, viSb Tubac, to Sopori on the line of said main road ; to construct
bridges and grade said road, if they think proper, and to dig wells at prac-
ticable points, and to keep a*nd maintain facilities for furnishing water to
men and animals passing on said roads, and to do all other things necessary
to complete said roads and make the same safe and passable at all times;
and may construct and maintain one or more toll-gates, and may receive
and collect toll or passage money in sums not exceedmg the following rates,
to-wit : For each wagon drawn by two horses, mules, or homed cattle, four
cents per mile. For each additional span of horses or homed cattle, one
cent per mile. For each carriage or cart drawn by one horse, mule, or ox,
three cents per mile. For each horse or other animal and rider, two cents
per mile. For each pack-animal, horse, mule, or ass, or homed cattle, one
and one-half cents per mile. For every goat, sheep, hog, or loose stock in
droves, one-quarter of a cent per mile ; it being understood that no foot
traveller shall pay toll, and that said company shall permit travellers to take
water from any wells dug by them on the line of said road, sufficient for
the use of said travellers and their aninials while passing over said road or
making the usual necessary stops thereon, without charge therefor. The
above rates of toll shall only be collected over such roads as the company
shall find it necessary to constnict; and when wells are dug on the old por-
tions of said roads, and which it shall not be necessary for the company to
construct anew, they shall have the right to collect three cents per head for
tne use of all animals using the same on said roads.

Sec. 3. That said company shall have the right of way over lands of pri-
vate individuals, using one track only fifty feet wide, and if the compensa-
tion 9,nd damages to be paid therefor cannot be settled by agreement of
the parties, the same shall be determined by the judge of probate of the
county of Pima upon complaint therein setting forth the facts ; and said
company shall have the right to take, occupy, use, improve, or in any le^al
way acquire title to not more than one hundred and sixty acres of public
land at each station, unless a greater amount be granted them by the Con-
gress of the United States, to be selected by them in such quantities and
at such points on the line of said roads as they may deem advisable to
enable said company to dig wells and to cultivate and maintain ranches for
the accommodation of travellers : Provided^ that the number of stations
shall not exceed twenty-five for each of said roads.

Sec. 4. That said company shall, within the period of three years from
the passage of this act, dig and maintain not less than three wells on each
of said roads, as follows : One on the Cababi branch, between Tucson and
the Ojo de Coyote ; one between the Ojo de Coyote and Fresnal ; and one
between Fresnal and the Poso Verde, near the Sonora line ; and one on the
Tucson branch, near the Sahuarita and Canoa ; and one between Sopori
and Cerro Colorado ; and they shall provide facilities for using the same,
with all necessary means for the convenience of travellers, and shall make
said roads safe throughout and passable for wagons to the satisfaction of a
disinterested commissioner acquainted with the construction of roads, to
be appointed by the governor of this Territory, within said county of Pima,
upon notice to him by said company that said roads are completed and
ready for examination.

liAWS OF AEIZONA. 29

Sec. 5. That said commissioner shall examine said roads, and make report
in writing to the governor what improvements said company have made
in ssdd roads, and the cost of the same, and whether in his opinion said
company have complied with the terms of this act ; and if the governor and
said commissioner shall agree in opinion that one or either of said roads is
safe and passable, and that said company in good faith have complied with
the terms of this act, he shall give the said company a certificate of the fact|
and anthoriase said company to collect toUs upon said road or roads as
aforesaid, and shall lay before the next Legislativte Assembly copies of all
such papers ; and if said company shall not construct and complete said
road and dig said wells, as required by this act, within the time prescribed
as aforesaid, then they shall forfeit all the powers and privileges hereby
granted.

Sec. 6. That if any person shall neglect or refuse to pay the toll author-
ized by this act, for any animals or teams owned or drawn by him, when
demanded by any person authorized to receive the same, he shall be liable
for three times the amount of toll legally due from him, to be collected on
complaint in the name of said company, in any court of competent jurisdic-
tion, and the animals owned by him or in his charge shall be liable to be
taken to satbfy the judgment and execution for the debt and the costs
thereon.

Sec. 7. That the capital stock of said company shall consist of two hun-
dred thousand dollars, which may at any legal meeting be increased to five
hundred thousand, to be divided into shares of one hundred dollars; each
one of said shares shall be considered as personal property, and may be
bought and sold, assigned or transferred, in the manner and in such places
as the stockholders or a majority of them may prescribe in their rules and
regulations. , .

Sec. 8. That the officers of said corporation shall consist of a president,
secretary, treasurer, and three directors, who shall be stockholders of said
company, and shall be elected by the stockholders of said company, or by
a majority of them, legally assembled, and shall hold their offices for one
year from and after their election, and until their successors are duly
elected and qualified; and said officers may be removed from office when-
ever a majority of said stockholders present at any legal meeting, called for
that purpose, shall determine that they have been guUty of mismanagement
or fraud in the discharge of their duties.

Sec. 9. The privileges conceded to said company shall be and continue
for the term of thirty years from the passage of this act, and at the expira*
tion of said term said roads shall be relinquished by them in good order,
and shall always remain for the benefit of the Territory or State ; but it is
understood that the said company may sell or retain any real estate owned
or possessed by them, and divide all proceeds of the same, in proportion to
the shares held by them, among the stockholders.

Sec. 10. The meeting to organize said company under this act shall be
held at Cerro Colorado, on the 1st day of January next, and a majority of
the persons named therein shall constitute a quorum for the transaction of
business, and they may make by-laws and transact any other business that
may be necessary to organize this corporation.

Sec. 11. That the rates of toll contaLned in section second shall be plainly

80 LAWS OF ARIZONA.

printed and posted in a conspicuous place at each toll-gate on tbe road,
and be maintained at all times in a legible condition.

Sec. 12. That all persons exhibiting a certificate from any commissioned
officer of the Territory that they are m the militia service of the Territory,
shall be exempt from the payment of tolls on said road.

Sec. 13. This act shall take effect and be in force from and after its
passage.
Appkotkd KoTember Z, 1864.

AN ACT

To Incorporate the Santa Maria Wagon Road Company.

Be it enacted by the Legislative Assembly of Ihe Territory of Arizona ;—

Sec. 1. That Georse Lonnt, Albert O. Noyes, and Hezekiah Brooks, and
their associates, are hereby constituted and formed into a body politic and
corporate, with the name and style of the Santa Maria Wagon Road Com-
pany, and with this name and under this style shall have perpetual succes-
sion, sue and be sued, plead and be impleaded, to have and to keep a com-
mon seal, acquire, enjoy, and transfer either real estate or personal property,
and may make or adopt all rules and regulations necessary to carry into
effect the objects of this incorporation, not inconsistent with or repugnant
to the laws of the United States or those of this Territory.

Sec. 2. That said company is authorized and allowed the privilege t6
construct and build a toll-road from such point on the Colorado Kiver, near
the mouth of Williams' Fork, as tiney may deem most convenient, by such
route as they may find and consider most favorable, in the general direct
tion of the Lount and Noyes road, so called, to the town of Prescott in
said Territory, with the right to construct bridges and grade said road, if
they think proper, and to keep and maintain facilities for furnishing water
to men ana animals passing over said road, and make the same safe and
passable at all times, and may construct and maintain one or more toll-
gates, and may receive and collect toll or passage money in sums not
exceeding the following rates, to wit: For each wagon drawn by two
horses, mules, or horned cattle, four cents per mile ; for each additional

?>an of horses, mules, or horned cattle, one and one-half cents per mile*
or each carriage or cart drawn by one horse, mule, or ox, three and one-
half cents per mile. For each jack, animal, horse, mule, or ass, or homed
cattle, one and one-half cents per mile. For each horse or other animal
and rider, two and one-half cents per mile. For everjr sheep, hog, or goat,
one-eighth of one cent per mile, it being understood that no foot traveller
shall pay toll, and that said company shall permit travellers wi^h their ani-
mals to take from any wells or watering-places on the line of said road
water sufficient for the use of said travellei's and their animals while pass?
ing over said road, or making the usual and necessary stops or camps
thjsreon, without charge therefor.

Sec. 3. That said company shall have the right of way over landa of
private individuals, using therefor a space of ground fifty feet wide, and if

LAWS OF ARIZONA. 81

the damages to be paid therefor cannot be settled by agreement of the par-
ties, the same shall be determined by the judge of probate of the county in
which the land lies, upon complaint to him setting forth the &cts ; and
said company shall have the right to take, occupy, use, and improve, or in
any legal way acquire, title to not more than one hundred and sixty acres
of public land at each station, unless a greater amount may be granted
them by the Congress of the United States, to be selected by them in such
quantities and at such points on the line of said road as they may deem
available to cultivate and maintain ranches for the accommodation of tra-
vellers.

Sec. 4. Th^t said company shall, within the period of two years from the
passage of this act, make said road throughout safe and paissable for wagons
with their usual freight, to the satisfaction of a disinterested commissioner
acquainted with the construction of roads, to be appointed by the Gover-
nor of this Territory, upon notice to him by said company that said road
is completed and ready for examination ; that said commissioner shall exa-
mine said road and make report in writing to the Governor what improve-
ments said company have made on said road, and the costs of the same,
and whether in his opinion said company have complied with the terms of
this act ; and if the Governor and said commissioner shall agree in opinion
that said road is safe and passable, and that said company have in good
faith complied with the terms of this act, he shall give to said company a
certificate of the fact, and authorize said company to collect tolls upon said
road as aforesaid, and shall lay before the next Legislative Assembly that
shall convene therealter, copies of all said papers; and if said company
shall not construct and complete said road as required by this act, within
the time prescribed as aforesaid, then it shall forfeit each and all the powers
and privileges to it granted.

Sbc. 5. That if any person shall negl^t or refuse to pay the toll author-
ized by this act, for any animals or teaJns owned or driven by him, when
demanded by any pe,rson authorized to receive the same, he shall be liable
for the amount of toll and costs legally due from him, to be collected on
complaint in the name of said company in any court of competent jurisdic-
tion, and the animals owned by him or in his charge shall be liable to be
taken to satisfy the juijgment and execution for debt and costs thereon.

Sec. 6. That the capital stock of said company shall consist of one hundred
thousand dollars, which may at any legal meeting be increased to two
hundred thousand dollars, to be divided into shares of fifty dollars each,
and each one of said shares shall be considered as personal property, and
may be bought and sold, assigned or transferred, in the mamier and in such
places as the stockholders or a majority of them may prescribe iu their
rules and regulations.

Sec. 7. That the officers of the company shall consist of a president,
secretary, treasurer, and three directors, who shall be stockholders of said
company, and shall be elected by the stockholders of said company, or by
a majority of them legally assembled, and shall hold their offices for one
]rear from and after their election, and until their successors shall be duly
elected and qualified ; and such ofiicers, or any or either of them, may be
removed from office whenever a majority of stockholders present at any
legal meeting called for that purpose shall determine that he or they have
been guilty of mismanagement or fraud iathe discharge of their duties.

82 LAWS OF ABIZONA.

Sbc. 8. The privileges conceded to said company are and shall be con-
tinued for the term of twenty years from the passage of this act, and at the *
expiration of said term said road shall be relinquished by them in good
order, and shall always remain for the benefit of the Territory or the State ;
but it is understood that the said company may sell or retain any real
estate owned or possessed by them, and divide tne proceeds of the same,
in proportion to the shares held by them, among the stockholders, after all
debts of said company are paid ; and said company shall keep said road in
^ood repair, as required by this act, during the term for which this grant
IS made.

Sec. 9. The meeting to organize said company under this act shall be
held at Prescott, on the first day of January, a. d. 1865, and a majority of
the persons named therein shall constitute a quorum for the transaction of
business, and they may make by-laws and transact any other business that
may be necessary to organize this corporation.

Sec. 10. That said company shall have the exclusive right to build and
maintain such part of said toll-road as may be included within the space of
one mile on either side of the road ; Provided^ that in no case shaD said
exclusive right interfere with any toll-roads that may be built between any
other points in this Territory, or with any roads constructed by the people
thereof other than toll-roads.

Sec. 11. That it shall be the duty of said company, and they are hereby
required, immediately upon the completion of said road, and ^before any
tolls are collected by them, to cause to be put up in the most conspicuous
manner, at each and every point upon ssaid road where tolls are receivable
or collected, a notice, whereon are legibly printed or written the rates of
toll legalized and receivable under and by virtue of this act.

Sec. 12. The Legislature shall^have the right to change or modify the
rates of toll at any time after the expiration of five years from and after
the completion of said road.

Sec. 13. This act shall take effect and be in force from and after its pas-
sage.

Approysd NoYember 8, 1864.

AN ACT

To Incorporate the Mqfave and Prescott ToU-Hoad Company/.

Be it enacted by the Legislative Assembly of the Territory of Arizona : —

Sec. 1. That Rufus E. Farrington, T. M. Alexander, and John C. Dunn,
and their associates, are hereby constituted and formed into a body politic
and corporate, with the name and title of the Moiave and Prescott Toll-
Road Company, and, with this name and under this style, shall have per-
petual succession, sue and be sued, plead and be impleaded, to have and to
Keep a common seal, acquire, enjoy, and transfer either real estate or per-
sonal property, and may make or adopt all rules and regulations necessary
to carry into effect the objects of this incorporation not inconsistent with,
or repugnant to, the laws of the United States or those of this Territory.

LAWS OF ARIZONA. 83

Sec. 2. That said company is anthorized and allowed the exclusive
privilege and power to construct and build a toll-road from such point, at
or near Fort Mojave, as they may deem most practicable, and pursuing the
most direct apd practicable route from said point to the town of Prescott,
or the indmediate vicinity thereof, in said Territory ; to construct bridges and
grade said road ; to dig wells at practicable points, and keep and maintain
lacilities for furnishing water to men and animals passing over said road;
and to do all other thmgs necessary to complete said road, and make the
same safe and passable at all times, and may maintain toll-gates at necessary
pointi^, and may receive and collect toll or passage money in sums not
exceeding the following rates, to wit ; —

For each wagon drawn by two horses, mules, or horned cattle, one
oent and a half per mile ; and for each additional animal, three-quarters of
one c^nt per mile.

For each carriage or cart, drawn by one horse, mule^ or ox, three-
quarters of 6ne cent per mile.

For each horse or other animal and rider, three-quarters of one cent per
mile.
^^ For each pack-animal, one-half cent per mile.

For all horned cattle, horses, mules, or other loose stock, in droves, one-
half of one cent per mile each.

For each sheep, goat, or hog, one-eighth of one cent per mile.

Provided^ that after the expiration of two years from and after the com-
pletion of said road, the Legislature of this Territory shall have the right
to modify or change the above rates of toll.

Sec. 3, That the company shall have the right of way over l^e public
lands « along the line of their road, and no person or persons or body cor-
porate, shall build or maintain any toll-road at any point along the route of
8aid road nearer than one mile to the same, on either side of the same ; said
company may occupy, purchase, and own such amounts of lands at difierent
points on the line of said road, and at the termini of said road, as the
legitimate business and purpose of maintaining said road shall require, not
exceeding, in all, sixteen hundred acres; said company shall have the right
of way over lands of private individuals, using theretbr one track only, not
more than fifty feet wide ; and if the compensation or damages to be paid
therefor cannot be settled by agreement of the parties, the same shall be
determined by the judge of probate of the county in which the land lies,
upon complaint to him. setting forth the facts.

Sec. 4. That said company shall, within ninety days from and after the
passage of this act, expend, in the construction of this road, at least three
thousand dollars, and shall construct and fully complete said road through-
out, in a maimer safe a^d passable for wagons with their usual freights,
within ten months from and after the passage of this act, and before any
tdUs shall be oollected by the said company for travel thereon.

Sec. 6. No toll or charges shall be made by said company for travel on
any part of said road, until said road shall have been examined by a com-
missioner to be appointed by the Governor of said Territory, who is hereby
authorized to appoint a disinterested person for such purpose, on receipt of
a petition from the company praying therefor, and who shall have reported
in writing, to the Governor, what amount has been expended on said road
by said company, and what improvements have been made thereon, and

^4 LAWS OF ABIZONA.

whether said company have complied, m all respects, with the provisions
of this act; and tne 6pvQrnor, if he agrees in opii^on with i^aiq conpuni^*
sioner that said company has in all respects complied with tbcf provisions
of the act, shall have made a certificate of the fact to said company, and
the Governor shall communicate all said papers to the Legislative AasemHy
at its next session thereafter.

Sec. 6. No toUs or charges shall b^ collected from any foot passenger for
travel on said road, nor from any Indian or Indians, upl^ he or they be
employed in driving or herding cattle, belonging to other persons, liable to
pay toll ; nor for any water or grass used by man or l^ast travelling there-
on ; and unless the requirements of section five of this act. be complied with,
this act shall become null, and all the rights and privileges herein granted
shall be forfeited by said company.

Sec. 1. The privileges conceded to said compaay, a^ heretpfbre s^t fortik
and qualified, are, and shall be, and continue, for the terna often years &ojXk
and after the passage of this, act, and, at the expiration of said term, sai4
road shall be relinquished by the said company, in good order^ to tl^e Ter-
ritory or State, as the case may be ; said company retaj^qg* ^7 houses,
lands, or other improvements not ncfcessarily required in actual passage
over said roa-d.

Se.c. 8. If any person shall neglect or refuse to pay the toll authorized by
this act, for any animals or teams owned or driven by bii% when demanded
by any person authorized to receive the same, he shall be liable for double
the amount of toll legally due from nim, to be collected on complaint, in
the name of the company, in any court of competent jurisdiction, and the
wagon or wagons, and the animal or animals, owned by him or in \m
charge, shall be liable to be taken on attadiment or execution to satisfy th^
judgment which n^ay be obtained.

Sec. 9. That the capital stock of said company shall coiisist of thirty
thousand dollars (|30,000), which may, at any legal meeting of the stock-
holders of said company, be increased to sixty thousand dollars ($60,000),
to be divided into shares of fifty dollars ($50) each, and ea,ch one of said
shares shall be considered as personal property, and may be bought and
sold, assigned or transferred, in the manner, and in such place a^ the stock-
holders, or a majority of them, may prescribe in their rules and regulationfik

Sec. 10. That the officers of said compaay shall consist of a president,
secretary, and treasurer, and three directors, who shall be stockholders of
said company, and shall be elected by the stockholders of said company, or
by a majority of them legally assembled, and shall hold their offices for one
year from and after their election, and until their successori» i^aH be duly
elected ; and such officers may be removed from office whenever a majority
«f stockholders present at any; legal meeting called for that purpose' shafi
determine that they have been guilty of mismanagement or fraud in the
discharge of their duties.

Sec. 11. The meeting to organize said company under thi^ act shaU be
held at Prescott, on the first Mond.ay of December next, and a majority of
the persons named therein shall constitute a quorum for the traBsa,ction of
business, and they may make by-laws and transact any olibe/r bu^in^sf that
may bie necessary to organize this corporation*

LAWS OF ABIZONA. 85

Sec. 12. That the rates of toll contained in section two, shall be plainly
printed, and posted in a conspioaous place at each toll-gate on the road,
and be maintained at all times in a legible conation.

Sec. 13. That all persons exhibiting a certificate from any commissioned
officer of the Territory, that they are in the militia service of the Terri-
tory, shall be exempt ^om the payment of tolls on said road.

Sec. 14. This act shall take e^ct and be in force from and after its
passage.
Approvbd November 8, 1864. ^

AN ACT

To I^'omde for 8kiy of Legal Proeeedmffs on Foreign Indebtedness,

Be it enacted by the Legislatire AsscanWy of the Territory of Arizona : —

Sec. 1. That no indebtedness or liability heretofore incurred, or contract
or other instrument in writing heretofore made by any person, or judg-
ment now or hereafter recovered on any such contract or indebtedness
against any person prior to his or tljfir arrival in this Territory, shall be
binding or have any effect whatever, or be in any way enforced in any
court or courts of law or equity in this Territory for the term of four years
from the date of the passage of this act : Provided^ that the provisions of
this act shall in nowise affiect any debts or contracts heretofore or hereafter
made in this Territory, or the enforcement and collection of any claim or
demand against the estate of any deceased person in this Territory,

Sec. 2. That in estimating the time within which any claim or demand
would be barred by any statute of limitations in force in this Territory, the
time for which the collection and enforcement of the same is suspended by
the provisions of this act shall not be included.

Sec. 3. Tliat the provisions of this act shall not apply to or affect any
contract, liability, or indebtedness, which may exist or had existed in rela-
tion to or upon any purchase, sale, or bargain for goods or personal pro-
perty bought, bargained for, or purchased for sale or trade, with the intention
to bring or having brought such goods or property into this Territory for
such sale, barter, or trade.

Sec. 4. Tlfis act shall take effect and be in force from and after its pas-
sage.
Approved November 6, 1864.

Sfi LAWS OF ARIZONA.

AN ACT

Granting the Exchmve Right to William D, JBradshaw and his A89oeiai49
to maintain and keep a Ferry across t?ie Colorado River at La Paz.

Be it enacted by the Legislative Assembly of the Territory of Arizona : —

Sec. 1. The exclusive right to keep and operate a ferry across the waters
of the Colorado River at any and every point between what is known as
Mineral City and a point five miles above La Paz, in this Territory, is here-
by granted to William D. Bradshaw and his associates and successors for the
term of twenty years, with the privileges and subject to the conditions pre-
scribed by this act.

Sbc. 2. So long, not exceeding twenty years, as the said William D.
Bradshaw, or his associates or successors, shall maintain and operate a good^
safe, and suf&cient ferry between the points aforesaid, they shall be author-
ized to charge, demand, and collect the following rates of toll, viz. :

For a wagon and two animals, four dollars ; for every additional two,
one dollar ;

For every carriage with one animal, three dollars ;

For every beast of burden, one dollar ;

For every horse or mule with its rider, one dollar ;

For every footman, fifty cents ;

For every he^d of loose cattle, horses, mules or jacks, fifty cents ;

For every hog, sheep, or goat, twen^-five cents.

Sbc. 3. Upon and after the passage of this act, the said William D. Brad-
shaw, and his associates and successors, shall be held and obliged to keep
said ferry in a good, safe, and sufficient order and condition for use, both
night and day ; they shall keep a competent ferryman, who shall transport
travellers and stock across said Colorado River promptly when thereunto,
requested, at all hours of day or night.

Sec. 4. Should the said William D. Bradshaw, and his associates and suc-
cessors, neglect or refuse to keep said ferry in the condition prescribed by
this act, complaint may.be made before any court of competent jurisdiction
in the precinct or county in which said ferry may be situated, by any per-
son ms^ing affidavit to the same, when it shall be the dut^ of such judge
or magistrate to summon said William D. Bradshaw, and bis associates and
successors, or agent, to appear before him within five days after such com-
plaint shall be made ; and if it shall appear after due investigation that'such
neglect or refusal to comply with the provisions of this act is without good
and sufficient cause, then William D. Bradshaw, and his associates or suc-
cessors, shall be liable for all damages resulting therefrom, and forfeit all
rights and privileges conferred by this act, untU the provisions thereof ai^e
complied with.

Sec. 6. The Legislature of the Territory or State, as the case may be,
reserves ^e right to repeal or change this act, and alter the rates of fer-
riage granted thereby at any time after its passage.

Sec. 6. This act shall not be construed to affect the right of Pauline
Weaver, to assert and prove his claim, if he have any, to the above-described
ferry, at the next session of the Legislative Assembly of Arizona, or

LAWS OF AKIZOKA. 87

to maintain an action for the same in any court of competent jurisdiction
in this Territory.

Sbc. 7. This act shall take effect and be in force from and after its pas-
sage.
Appbovbd November T, 1864

AN ACT

To Incorporate the Bualapai Mining^ Smelting^ and Assaying Company.

Be it enacted by the Legislative Assembly of the Territory of Arizona : —

Sbc. 1. John P. Bourke, E. J. Cook, B. T. Rigg^, and »uch other per-
sons who are, or may be, associated with them for that purpose, and their
successors, are hereby incorporated a body politic and incorporate, by the
name and style of ^^ The Hiialapai Mining, Smelting, and Assaying Com>
pany," and by that name shall, tor the period of twenty-five years, have
perpetual succession.

Sbc. 2. The objects and business purposes of said company shall extend
to the following objects, and to none other : ^

1. The mining and extiaoting from ledges and mines such precious
metals, mineral deposits, and ores, as they may desire for crushing, smelting,
refining, and assaying in their mills, furnaces, assaying, or other establish-
ments. 2., The crushing or smelting such rock, ores, or mineral deposits as
they may obtain from their own labors, by purchase, or for hire in any
way, and refining, assaying, or otherwise preparing the results thereof for
sale or barter. 3. The sj3e, transfer; or barter of the results of their said
mills, furnaces, laboratory, or other refining establishmenu^ The mills, fur-
naces, and other establishments owned or used by said company, for the
purposes above described in subdivisions one and two, shall be located in
the county of Mojave, and the office of said company shall be located at the
town of Hardy's Landing.

Sbc. 3. Said company may have, use, and alter at pleasure a common
seal ; sue, be sued, defend, plead, and be impleaded, in all courts in this
Territory ; make contracts ; acquire by. purchase or otherwise, possess, use,
transfer, and dispose of, in like manner as an individual, such right, pro-

Eerty, real, personal,, and mixed, as the legitimate purposes of their business
*om time to time require ; and may execute mortgages or liens on their
houses, mills, or other establishments, engines and other machinery, to
secure the original cost thereof only ; appoint such officers and agents for the
management, regulation, and conduct of their business at all times and
places, fix their compensation and prescribe their duties, require of them
necessary security for the proper discharge of their duties, and remove
them, or any one of them, at such times as may be lawful ; make such rule^,
regulations, and by-laws, not in violation of the laws of the United States
or of this Territory, regarding the issuance, representation, transfer, and
forced sale of stock, the collection of assessments, declaring and payment of
dividends, and generally of all matters within the purview of their business
purposes.

38 LAWS OP ARIZONA.

Sbc. 4. Said company shall keep such book or books as are necessary,
and do show, let. Their property, rights, claims, debts, and creditp, as near as
practicable ; 2d. Showing the name and number of shares owned by each
stockholder, with marginal notes referring briefly to any liens or hypothe-
cations of the same, as may have been properly notified to the secretary of
said company in writing; 3d. A brief record of all the orders made, officers
elected or appointed, with duties to which they may be respectively
assigned, or other agents, either at meetings of the stockholders or of the
board of directors. The book or books required by subdivisions one and
three of this section, shall be open on proper demand therefor to all stock-
holders, and the book or books required by subdivision two. of this section,
shall be open to all persons interested, on proper demand made therefor, at
the office of said company.

Seo. 5. The capital stock. of said company shall be two hundred thousand
dollars, divided into shares of such sums as thecompany may elect, which
capital stock may be increased to any amount not to exceed five hundred
thousand dollars, by a two-third vote of the stock, at a meeting called for
that purpose ; said stock shall be divided into shares of such sums as the
company may elect, and each share shall be entitled to one vote at all meet-
ings of the stockholders, and may be represented and voted in the absence
of the true owner by any one holding a written proxy from the party in
whose name the stock stands on the books of the company, or who shall
appear therefrom, or from other lawful authority, to be the legal represen-
tative of such owner.

Sso. 6. There shall be an annual meeting of the stockholders of said com-
pany for the election of a board of directors, and the transaction of such
other business as may come properly before them ; the first of which meet-
ings shall be held at Prescott, in this Territory, after due notice thereof
shall be given for the purpose in the Territorial paper, and at which a board of
directors shall be elected, and the transaction of such other business as is neces-
sary to organize and set in motion sajd company. Such other meetings may be
had, and in such manner as the stockholders shall direct ; provided always
tiiat ample and sufficient notice be given thereof.

Sec. 7. There shall be a board of directors elected by the stockholders
of said company, to consist of three stockholders, one of whom shall be the
president of said board, and shall be so designated by at least a plurality
of the votes of said company, at such meeting as the election of the board
shall be had ; vacancies occurring in said board from any cause may be filled
at call meetings of the stockholders. The members of said board shall
hold their offices for one year, and until their successors are elected and
qualified, unless removed from office for mismanagement or fraud. Said
board shall exercise such powers, and perform such duties, as may be pre-
scribed by the stockholders at their annual meetings.

Sec. 8. The officers of said company shall consist of a preadent, secre-
tary, treasurer, superintendent, and such other and additional officers and
agents as the business affairs of the company may from time to time re-
quire. The president shall be a stockholder and diiector, and may also be
superintendent, and the offices of secretary and treasurer may be held by
one and the same person.

Sec. 9. All notices of meetings of stockholders required by this act, shall

LAWS OF ARIZONA. 39

1,6 ^ven in the most public manner, dt»e regard being had for the red-
dences, if known, of stockholders.

Sbc. 10. Nothing contained in this act shall be so construed as to author-
ize said company to issue notes or bills or evidence of debt, for circulation
as money, of discounting bills, notes, or other eyidence of debt.

Sec. 11. This act shall take effect and be in force from and after its pas-
sage.
Afpboyed November 7, 1864.

AN ACT

To AtUharize tJie Secretary of the Territory to appoint an Assistant.

Be it enacted by the Le^lative Assembly of the Territory of Arizona :-^

Sec. 1. That the Secretary of the Territory be and he is hereby authorized
to appoint an assistant, to be cOmp^isated by him, who shall take the usual
oath of office, and who in the absence of the secretary shall have the pow-
ers and perform the duties of the secretary, and do sJl acts that he might
legally do.

Sbc. 2. The Secretary of the Territory shall make such appointment in
writing, which, with the oath of office so taken by said assistant, he shall
file in his office, and shall give notice of the appointment and qualification
of such assistant to the Governor.

Sec. 3. This act shall take effect and be in force from and after its
passage.

Appeovbd November 7, 1864,

AN ACT

Concerning Grants and Deeds for Lands.

Be it enacted by the Legislative Assembly of the Territory of Arizona: —

Sec. 1. All grants or deeds for lands situated within the limits of the
Territory of Arizona, hitherto ceded to individuals, corporations, or compa-
nies, either by the Mexican government or authorities, or by the govern-
ment of the TJiiited States, shall be recorded in the office of the recorder
of the proper county wherein such lands are situated, and the lands claimed
under such grants or deeds so recorded shall be located and their bounda-
ries defined on or before the first day of January, a. d. 1866.

Sec. 2. If any such grants or deeds for lands shall not be recorded and
the lands located, and their boundaries defined as provided in the preceding
section, such grants or deeds shall be, and they are hereby declared, nuJl

.40 LAWS OF ARIZONA,

and void, and they shall not he received as evidence of title or possession
in any of the courts of law in this Teriitory.

Sec. 3. This act shall take effect and he in force from and after the first
day of January, a. d. 1865.
Approved November *?, 1864.

AN ACT

To Authorize Probate^ Judges to appoint a Term of Court for Civil

JSimnesa.

Be it enacted hy the Legislative Assemhly of the Territory of Arizona : —

Sec. 1. That the prohate judges in this Territory shall have power to
appoint a time for holding a term of court for the hearing of civil bosiness
hetween the passage of this act and the first day of January next.

Sec. 2. This act shall take effect* and be in force from and after itfei
passage.

Appboyed November t, 1864.

AN ACT

To Incorporate the Arizona JERatorical Society.

Be it enacted by the Legislative Assembly of the Territory of Arizona : —

Sec. 1. That Richard C. McCormick, W. Claude Jones, Allen L. Ander-
son, Gilbert W. Hopkins, King S. Woolsey, Henry A. Bigelow, A. M. White,
Charles A. Curtis, James S. Giles, James Garvin, Richard Gird, T.J. Bid-
well, Edward D. Tuttle, William Walter, and Samuel Todd, and all per-
sons who are now or may hereafter become associated with them as mem-
bers of said association, be and they are hereby made a body politic and
corporate in law and in fact by the name, style, and title of the Arizona
Historical Society, and by this name shall have perpetual succession, and
sue and be sued, plead and be impleaded, in any court of law or equity ;
to hold and reserve to them and their successors, either by grant, bargam,
sale, will, decree, or otherwise, any lands, tenements, hereaitaments, or any
personal or real estate, and at their pleasure to grant, bargain, or sell for
the use of said association, and generally to do all and singular the things
which it may be lawful for them to do for the welfare of said association.

Sec. 2. That the object of said society shall be the collection and preser-
vation under their own care and direction of all historical facts, manuscripts,
documents, records, and memoirs, relating to the history of this Territory,
geological and mineralogical specimens, geographical maps and informa-
tion, Indian curiosities and antiquities, and objects of natural history.

LAWS OF ABIZONA. 41

Sec. 3. That it shall be lawful for the Arizona Historical Society to pro-
vide itself with a seal, the device of which the same shall determine, and
at its pleasure may alter, change, or renew as it may think proper, and have
and Exercise all the rights and privileges necessary for the corporation
hereby constituted, as herein specified.

Sec. 4. That said society shall have power to form a constitution and
adopt by-laws for its own government : Provided^ they do not conflict with
the second section of this act, or the constitution and laws of the United
States or of this Territory.

Sec. 5. This act shall take effect and be in force from and after its
passage.

Approved November Y, 1864.

AN ACT

To Appropriate Money for tJie Aid of Public Schools.

Be it enacted by the Legislative Assembly of the Territory of Arizona : —

Sec. 1. That there be and is hereby appropriated and donated to the
mission school of and at San Xavier del Bac, for the purpose of purchasing
books of instruction, stationery, and furniture, the sum of two hundred and
fifty dollars ; and such sum shall be paid into the hands of the person who
shall be in pastoral charge of said mission, — he giving his receipt for such
money to the board of coun^ty conmiissioners.

Sec. 2. There is hereby appropriated for the benefit of a public school
in the towns of Prescott, La Paz^ and Mojave, to each of said towns the
sum of two hundred and fifty dollars ; but said appropriation shall be void
,and of no effect unless said towns, by taxation, appropriation, or individual
enterprise, furnish an equal sum for the aid of such school.

Sec. 3. There is hereby appropriated for the benefit of a public school
in the towh of Tucson, in which the English language shall form a part of
the daily instruction, the sum of five hundred dollars ; said appropriation
to be void unless said town, by taxation, appropriation, or individual enter-
prise, furnish alike sum of five hundred dollars to the support of such school.

Sec. 4.' The appropriations made by and in this act shall be paid to the
board of county commissioners, to be paid out by them to such public
schools and for their benefit, on the compliance with the provisions of this act.

Sec. 5. The treasurers of the different counties or the judicial districts
are hereby authorized and directed to set aside and pay over to the order
of the board of county commissioners all moneys in their hands that may
have accrued from town licenses, and not otheirwise appropriated. And
said moneys shall be used by such county commissioners as a fund for the
benefit of such public schools.

Sec. 6. The said board of county commissioners shall be trustees of pub-

42 LAWS OF ARIZONA.

lie schools, and may appoint a suitable person to examine the coarse of
instrnction, discipline, and attendance of said schools, and the qualifications
of the teachers, and report the same to them at their stated quarterly meet-
ings. Said county commissioners and inspector appointed by them shall
not receive any fees or salary for any services done in the discharge of
their duties under this act.

Sec. 7. This act shall take effect aiid be in force on and after the first
day of January, a. d. 1866.
Approved November 7, 1864.

AN ACT

7? Divorce Mary Catharine Mounce from the Bonds of Matrimony.

Be it enacted by the Legislative Assembly of the Territory of Arizona : —

Sec. 1. Mary Catharine Mounce shall be, and hereby is, for ever released
from the bonds of matrimony heretofore existing between her and Absalom
Mounce, and is for ever absolved from all obligation by virtue of her mar-
riage with said Mounce.

SbcT. S. Thi& act shall take effect and be in force from and after its pas-
sage.

Approved November 7, 1864.

AN ACT

. Authorizing a Loan on the FaUh and Credit of the Territory to
Inaugurate and Pay the Mepenses of a Campaign against the Apache
Indians,

Be it enacted by the Legislative Assembly of the Territory of Arizona: —

Sec. 1. That by virtue of the power vested in the Legislature of this
Territory, a loan not exceeding one hundred thousand dollars is hereby
authorized to be negotiated on the faith and credit of the Territory, to be
paid at the expiration of twenty years from the date therebf, but payable
at any time after five years from the date thereof, wholly or any part there-
of, at the pleasure of the Territory ; said loan not to be negotiated for less
than eighty per cent, in gold, on the par value thereof, and bearing interest
at the rate of ten per cent, per annum, payable annually at the capital of
the Territory ; both principal and interest to be paid in gold.

• Sec. 2. Thie treasurer of the Territory is hereby authorized and required
88 soon as practicable to issue gold bonds of the Territory in sums of fifty,
one hundred, two hundred and fifty, and one thousand dollars, payable on
jbhe first day of January, a. d. 1885, and not exceeding in the aggregate
One hundred thousand dollars, in the following form, to wit :

LAWS, or ARIZOi^A. 48

Indiaw Wab Loan.

Bond No.... $....

day of A. D. 186—

Twenty years after date the Territory of Arizona promises to pay to the
♦order of the Governor of the Ten-itory Dollars, with interest at

the rate of ten per cent, per annum ftom date, payable annually at the
capital Off the Territory, for value received, interest and principal payable
in gold.

Treasurer.

Seeretary of the Territory.

Sec. 3. All such bonds shall be signed by. the treasurer with his proper
name, affixing his official character thereunto, which shall bind the Terri-
tory for the said bond so signed under the provisions of this chapter.^ The
said bonds shall be endorsed by the Governor of the Territory with his
proper name and affixing his official character thereto ; and the Secretary
of the Territory shall countersign the same with his proper name, affixing
his official character thereto ; and said bdnds rihall be authenticated with
the great seal of the Territory of Arizona. The coupons or certificates for
the payment of the interest, shall be attached to said bonds in such manner
ttat they may be tak^n off without injuring or mutilating the bonds, being
severally numbered from one to twenty inclusive, each bearing the corre-
sponding number of the bond to which they are attached, and shall be
signed by the treasurer of the Territory. It shall be the duty of the secre-
tary of the Territory, after so countersigning said bonds, to make a register
of the same with the number and amount thereof, and deliver the same to
the Territorial treasurer, charging him with the amount. The treasurer
also shall keep a register of said bonds, and shall deliver the same, or such
ipart of the same as he may deem expedient, to the board of Territorial
commissioners for sale or negotiation, taking their receipt therefor. The
amounts received for such bonds negotiated, and bonds returned by the
board of Territorial commissioners, shall be placed to the credit of said
board of Territorial commissioners, to be applied solely to Indian war pur-
poses.

Sbc. 4. It shall be the duty of the board Of Territorial commissioners, on
or before the fifteenth day of June, a. d. 1866, to make to the board of
Territorial auditors a report in full of all the bonds sold or negotiated, the
number of the same, to whom and for what amount sold ; also the number
and amounts of all bonds returned, if such there be, getting forth in full in
said report each and every item that may be necessary for a final settle-
ment between the board of Territorial auditors and said board of Territo-
rial commissioners as regards the sale and negotiation of said bonds, and
prior to the deposit of the proceeds of the same with the Territorial tre^
surer.

Sec. 6. It shall be lawftil for the board of Territorial commissioners or
any member of said b^ard to draw upon the Territorial treasury at any
time after the issue or negotiation of said bonds, drafts payable in gold
coin for the payment of companies of rangers, upon the affidavits of the
captains of said companies, stating the place or localities where their ser-
vices have been rendered, the work perforined, thie kind, amount, and dia-
racter of the success achieved, which affidavits shall be the vouchers of said

44: L^WS OF ARIZONA.

board of TeiTitorial commisdoaers at their semi-annual settlement with the
Territorial treasurer, to be made on the fifteenth day of June and the fif:
teenth day of January of each year,

Sbc. 6. It shall be the duty of the Territorial commissioners and of each
member of said board, on or before the times mentioned in the preceding
section of this chapter, to make a semi-annual settlement with the Territo-
rial treasurer for all drafts drawn in accordance with Snd for the purposes
specified in this chapter, and produce and file with said treasurer all
vouchers properly attested by some court of competent iurisdiction, upon
which said drafts have been drawn, taking a receipt tnerefor from said
treasurer. Such settlement may be made in person or by legally author-
ized agent of said commissioners^ or in writing ; provided, that this section
be construed as in no manner releasing the sfdd commissioners from their
responsibility for the loss or destruction of their vouchers prior to filing
the same with the Territorial treasurer. •

Sbc. 7. The board of Territorial commissioners, or any member of said
board, may draw on the treasurer of the Territory, and from the Indian
war fund, drafts for the payment of ranger corps not formed under the pro-
visions of the act authorizing the raising of rangers, when in their sound
discretion the exigencies of the times may have required the services of such
body of men, and the afiSdayit of the leader of such party or corps may be
taken as a voucher for the same, in the same manner as the affidavits of the
captains of the regular ranger corps ; Provided^ that this section be not
construed to compel such board, contrary to their convictions as to the
justness and correctness of the same, to receive the affidavits of any and
every leader of irregular parties engaged in the war against the Apache
Indians.

Sec 8. That the board of Territorial commissioners be and are hereby
authorized, in the disbursement of the Indian war fund to the different
ranger corps, to. pay such amounts in gold as may in their sound discretion
seem advisable and proper for the services rendered, making such provision
for said disbursement, and for such class of services, as niay in their opinion
conduce to the greatest benefit of the Territoiy,

Sec. 9. Each commissioner appointed by this act shall enter into bonds
to the Territory of Arizona, with three or more sufficient sureties, to be
approved of by the judges of probate of the counties where they severally
reside, in the penal sum of forty thousand dollars, for the faithfiil perfor-
mance of their duties, and shall hold their office for the period of three years,
unless sooner removed by death, resignation, or for malfeasance ia office.

Seo. 10. The board of Territorial commissioners shall be allowed all the
necessary expenses in printing and negotiating the sale of the bonds of the
Indian war loan, on their accounts being approved and audited by the
board of Territorial auditors, and a draft drawn on the Territorial treasurer
for the payment of the same by said board of Territorial auditors ; said
sums so audited and allowed shall be paid out of the funds of said loan, and
the amount so allowed shall not exceed one thousand dollars for each com-
missioner.

Sec. 11. John N. Goodwin, King S. Woolsey, and John G. Capron are
hereby appointed a board of Territorial commissioners, to hold their office

I
LAWS or ARIZONA. 45

for a period of three years from the passage of this act, or until .their suo-
cessors are elected by the Legislative Assembly of the Territory ; that the
terms of the commissioners mentioned in this section sball be divided into
three periods of one, two, and three years, and after the adjournment of
the present session of the Legislative Assembly they shall meet and elect
by lot the term of service of each, so that the time of service of one shall
expire in one year, another in two years, and the third in three years.

Sec. 12. The faith and credit of the Territory, and all the public lands
which may be granted to the Territory by Congress, not heretofore other-
wise appropriated, and all public moneys, and all Territorial mining claims,
as provided for in section fifty-six of chapter fifty of the Code, entitled : ** Of
the Registry and Government of Mines and Mineral Deposits," are hereby
pledged to pay the interest punctually and redeem the principal of said
loan.

Sec. 13. This act shall take effect and be in force from and after its
passage.

Approved November T, 1864.

AN ACT
Authorizing the liaising of Rangers,
Be it enacted by the Legislative Assembly of the Territory of Arizona.: —

Sbc. 1. The Governor of the Territory is hereby authorized to raise not
more than six companies of rangers^ and not exceeding in all six hundred
men, to be employed in a campaign against the hostile Apaches.

Sec. 2. They shall be raised, organized, officered, and mustered into the
service of the Territory by the Governor, who shall make all needftd regu-
lations for their discipline, and dii*ect how and for what time they shall be
employed.

Sec. 3. Th^y shall be compensated by the commissioners appointed by
the act, entitled ^' An Act to authorize a loan on the Faith and Credit of the
Territory, to Inaugurate and pay the Expenses of a Campaign against the
Apache Indians," from the funds thereby provided. Said commissioners
shall be authorized to expend for the purpose of this act no greater sum
than is realized from the sale of the bonds provided by the said act
entitled as aforesaid.

Sec. 4. This act shall take effect and be in force from and after the first
day of January, a. d. 1866.
Appbovbd November 9, 1864.

46 LAWS OJP ABIZONi.,

AN ACT

Itdating to Inkre9t.

Be it enacted l^y the I^^g^slatiYe Assembly of the Territory of Arizona : —

Sec. 1. When there it no en^eaB agreement fixiag a. difierent rate of
interest, interest shall be allowed at the rate of ten per cent, per anndm on
all moneys ajfter they become due on any bond, biU, promissory note, or
other instrument of writing, or any judgment recovered before anj court in
this Territory, for mopey lent, for moaey due on tbe settlement of acoounts.
from the day on which uie balance is ascertained^ and for money receiyed
for the use of another.

Sec. 2. Parties may agree in writing for the payment of any rate of
interest whatever on money due or to become due on any contract ; any
judgment rendered on such contract shall conform thereto, and shall bear
the interest agreed upon by the parties, and which shall be specified in the
judgment.

Sec. 3. The parties may in any contract in writing, whereby any debt is
secured to be paid, agree that if the interest on such debt is not punctually
paid it shall become a part of the principal, and thereafter bear the same
rate of interest as the principal debt.

Sec. 4. This act shall take effect and be in force from and after the first
day of January, ▲. d. 1865.
Approved November 9, 1864

AN ACT

In regard to ComUy Becorders,*

Be it enacted by the Legislative Assembly of the Territory of Arizona : —

Sec. 1. That the County Recorder shall be ex-officio clerk of the probate
and county courts.

Seo. 2. The Governor of the Territory shall appoint recorders for the
different counties, who shall be ez-officio clerks of the probate and county
courts, and who shall serve until th«Lr successors are duly elected and
qualified as provided by law.

Sec. 3. All acts or parts of acts conflicting with this act are hereby
repealed and declared null and void.

Sbc. 4. This act shall take effect and be in force from and after its passage.
ArPBOVBD November 9, 1864.

* There is an ineonaistenoy in this act, as no oouaty courts were created— 5tfc. of
TsrritOTjf. . .^

LAWS OF ARIZONA. 47

AN ACT

Of Money of Account.

Be it enacted by thfi Legislative Assembly of tbe Territory of Arizona :-^

Sbc. 1. The money of account of thi& Territory shall be the dollar, cent,
and mill, and all accounts in tbe public offices and other public accounts, a»d
all proceedings in courts, shall be kept and had in conformity to this
regulation.

Sbc. 2. Nothing contained in the preceding section shall vitiate or affect
any account, charge, or entry originally made, or any note, bond,, or other
instrument expressed in any other money account, but the same . shall be
reduced to dollars, or parts of dollars, as hereinbefore directed, in any suit
thereupon.

Sec. d. This act shall take efiect imd be in force from and after the first
day of January, A^D, 1805. .

AppRpVBD l^oyember 9, 1864.

AN AC?r

J Authorizing Certain Officers to exercise tfie Powers of Notaries Public. !'

Be it enacted by the Legislative Assembly of the Territory of Arizona : —

Sec. 1. That the Attorney-General and the Secretary of the Territory be
and they are hereby authorized to exercise, in any part of this' Territory,
all of the powers of notaries public in taking acknowledgments of deeds,
powers of attorney, and other papers, and administering oaths.

Sec. 2. This act shall take effect and be infbrce from and after its passage.
Appboyed November 9, 1864.

AN ACT
Concerning Possessory Hights in Ptcblic Zands.

Be it enacted by the Legislative Assembly of the Territory of Arizona : —

»•

Sec. 1. That all persons who have settled upon, cultivated, or improved,
or who shall hereafter settle upon, cultivate, or improve a tract of land in
this Territory, with the view of availing themselves of the benefit of the
preemption laws of the United States, shall be protected in the peaceable
and quiet enjoyment of said tract of land, with all the improvements
thereon, and all tbe wood, timber, soil, and materials growing or being
tliereon, to the extent of one hundred and sixty acres, or one-half mile
sqn^e, if unsurveyed according to the cardinal points, and if surveyed by

48 LAWS OP ARIZONA.

the United States, then according to the lines of said surveys, so as to
include such improvements.

Sec. 2. All the rights acquired by the above section may be sold and
conveyed as interests in real estate.

Sec. 8. This act shall take effect and be in force from and after its passage.

Appboted November 9, 1864.

AN ACT

In regard to Printing.

Be it enacted by the Legislative Assembly of the Territory of Arizona : —

Sec. 1. The Secretary of the Territory shall be and he is hereby authorized
to contract for the printiqg, in book form, with pamphlet binding, of two
hundred copies of the Code of the Territory of Arizona, and such other
printing as may be ordered during this session of the Legislative Assembly.

Sec. 2. He shall not pay for such printing over one dollar per folio, and
if it shall be necessary to provide paper for such printing, he shall furnish
such paper at a rate of not more than twenty per centum advance upon
cost and charges at Prescott.

Sec. 3. The laws shall be published on or before the day they take effect,
except such as take effect from the day of their passage, and such publica-
tion shall be paid for in such funds as the Territory shall provide.

Sec. 4, The Secretary of the Territory shaU be and he is hereby authorized
to employ some suitable person' to supervise the publication of said laws,
provided the compensation therefor shall not exceed the sum of two
hundred and fifty dollars.

Sec. 5. This act'shall take effect and be in force from and after its passage.

App&oybd November 9, 1864.

AN ACT
Allowing Persons in the Military Service to Vote at Elections.

Be it enacted by the Legislative Assembly of the Territory of Arizona : —

Sec. 1. All legal voters, citizens of this Territory, who may be in the
military service of the United States or this Territory, or who may be en-
gaged in any campaign against hostile Indians, shall have the right to vote
at all elections, and for all officers for whom they could legally vote in their
respective precincts, as provided by chapter twenty-four of the* civil Code

LAWS OF ARIZONA. 49

of this Territory, and shall not forfeit their residence by reason of any
absence while engaged in such service or campaign.

Sec. 2. At nine o'clock in the forenoon on the day of any election afore-
said, the legal voters aforesaid shall proceed to elect judges and an inspec-
tor, who shall immediately give pubhc notice of the hour of such day, and
the place when and where they will open the polls, and they shall appoint
two clerks, and shall receive, canvass, and record the votes, and conduct the
election as nearly as may be in conformity with the provisions of the chap-
ter aforesaid ; and shall, in like manner, cause to be delivered, within ten
days after such election, to the county recorders of the several counties in
which such voters are legally entitled to vote (which name of county shall
be either written or printed on each ballot), a tally list, which shall* contain
the names of eaph person voted for, and the office for which such person
was voted for ; and a tally of the number of votes received by each shall be
made opposite their respective names, and the whole number of votes re-
ceived by each person shall be expressed in writing and figures at the bot-
tom of each tally list aforesaid, which shall be certified to be correct by the
board, and With the votes cast for such county shall be transmitted under
seal as aforesaid.

Skc. 3. The judges of election aforesaid shall have the power to cause
the arrest of any person who may interfere, or in any way prevent any per-
son legally entitled to vote, from casting such vote, or who may in any way
interrupt the proceedings of such meeting, or who may commit any breach
of the peace, and detain him in custody (but not. depriving him of the right
to vote if he be a legal voter) until complaint can be made against
him before the proper officer, and cause him to be tried for the offence.
Except as herein specified, the elections aforesaid shall be c6nducted as
required by chapter twenty-four of the civil Code aforesaid.

Seg. 4. This act shall take effect and be in force from and after its pas-
sage. ^
Apphovbd November 9, 1864..

AN ACT

Allowing JPeraon^ in the Military Service of the United States and of this

Territory to hold Mining Claims,

Be it enacted by the Legislative Assembly of the Territory of Arizona :

Sec. 1. All persons in the military service of the United States or this
Territory shall be allowed to locate claims on mineral lodes or veins in the
limits of this Territory, subject to the requirements of the mining laws of
this Territory, and shall be protected in the possession of the same, and
shall have the same rights in all respects, in regard to such claims as like
persons not in the military service.

Sec. 2. All the laws of any mining district contrary to the spirit and
provisions of this act, are declared to be null and void, and shall not be

60 LAWS OF ARIZONA.

evidence in any court having jarisdietion of Hdning suits in this Terri-
tory.

Sec. 3« This act shall take effect and be in force from and after its pas-
sage.
Appbovid KoTember 9> 186i.

AN ACT
Crmtmg, a Seal for the Territory of Arizona^
Be it enaeted by the Legidative Assembly of the Territory of Arizona : —

Ssa 1. The seal of tHs Territory shaU be of the size of two and one-

Snarter inches in diameter, and of the foUowing design : A view of San
V^mcisco mountain in the distance, with a deer, pine trees and columnar
cactus in the fore-ground ; the motto to be " Ditat Deus." The date on
said seal to be 1863, the year of the organization of the Territory.

Sbo. 2. The sum of one hundred dollars is hereby appropriated for the
expense of engraving and transpcnrting said seal; and the Secretary of the
Territory is hereby authorized to entrust said seal to proper parties for
engraving.

Seo. 3. The Secretary is hereby empowered to use the former seal in his
official duties until the seal' authorized in this act is prepared^
Appboysd November 9, 1864

«kMM

AN ACT

Rdating to the PvJblicaJtion of Legal Noticee,

Be it enacted by the Legislative Assembly of the Territory of Arizona : —

Sec. 1. That whenever, by the laws now existing in this Territory, it is
provided that a notice, order, or. other paper shall be published in a news-
paper a certain number of weeks consecutively, or whenever, in pursuance
of such law, any court of this Territory has granted an order that the same,
or a notice of the contents thereof, be pubfished for a certain number of
weeks consecutively in a newspaper, it shall be deemed a full compliance
with such law or order to publish such order, notice, or other paper in a
newspaper in said Territory for the number of inaertions mentioned in such
order, notice, or paper, although such publicatian sbaU not be as often as
once a week<

Sec. 2. This act shall take effect and be in force from and after Jts pas*
sage.
Afpbovid l((nrember 9, 1SS4 •

LAWS or ARIZONA. 51

ANT ACT

lb Provide for the Payment of Certain Expenses incurred in the late
Indian Ccmypaiffn under Ideut,- Colonk King 8. Woohey,

Be it enacted by tbe Legislative Assembly of the Territory of Arizona : —

Sec. 1. That the Board of Territorial Auditors be authorized to audit the
dUdims of Ammi M. White, Richard G. McCormick, P. McCannon, and
Thomas Hodges, for money and supplies furniished for the late Indian cam-
paign conducted by the citizens of this Territory, and to draw warrants on
the Territorial treasury in favor of such persons, for such amounts as may .
be due them therefor, not exceeding in the aggregate fourteen hundred
and eighty-seven dollars, and that the Territorial Treasurer be authorized
to pay the same from the funds provided for the payment of the contingent
expenses of the Territory.

Sso. 2. This act shall take effect and be in force from and after its passage.

AcTRoviED November 9, 1864.

AN ACT

To Incorporate the Arizona Bailway Company.

Be it enacted by the Legislative Assembly of the Territory of Arizona : —

Sbc. 1. That John N. Goodwin, Kichard C. McCormick, M. O. Davidson,
Samuel F. Butterworth, Henry Sage, J. Henry Puleston, Rufus F. Andrews,
Royal H. Waller, Robert Soutter, and their associates and successors, and
the persons who may become the owners of the shares herein authorized to
be issued, be and they are hereby made a body corporate, under the name
and style of the Arizona Railway Company, in which name they may have
perpetual succession, and may purchase, hold, and acquire, by any lawful
means, estate real and personal, ^nd t^e same may use, sell, lease, let, mort-
gage, transfer, and convey, and otherwise mav dispose /)f, and may «ue and
be «ued, plead and be impleaded^ contract and be contracted with, and have
and use a common seal, and the same may change at pleasure and make all
by-laws and regulations for the government of their affairs, and use all the
rights, powers, and privileges which are or may be necessary for them to
have and use as a company incorporated for the purposes herein stated.

Sec. 2. That the purpose o{ this act is to organize a company and to
incorporate the same, with authority, which is hereby granted to said com
pany, to construct and maintain railway and telegraph lines, commencing
at such point or points on the southern boundary line^ as they may select
and determine as the most suitable for connecting with a proposed railroad
from Guayamas and other Pacific ports, and running northerly along the
Santa Cruz valley to or by the town of Tubac to the town of Tucson, thence
westerly on the main road, known as the " overland," to or near the Picacho,
thence north-west over a route to be sdected to the town of La Paz, or to
a point that it may intersect with a road, running east and yi^t or aqross
tiie Territory and heremafter provided for in this act; and said compan]^

52 LAWS OF ARIZONA

shall have the exolnsive right to determine, select, and locate a line of road,
comniencing at a point on the 109th meridian, the eastern boundaiy line of
this Territory, and to extend westerly across the entire Territory, over
such selected route to the Colorado or western boundary ; and said com-
pany shall have the right to construct, use, and maintain side tracks, tram-
roads, and branches to adjacent mines or towns, or to connect with other
railways ; and shall also have the power to connect their telegraph lines
with any telegraph lines made or to be made in or through California,
Nevada, Utah, New Mexico, or Mexico, or any adjoining State or Terri-
tory; and said company may unite and be consolidated with any other
railroad companies now or hereafter established, for the purposes above
named, in any of the States or Territories aforesaid, upon such terms as they
may think just and proper.

Sec. 3. The capital stock of said company shall consist of shares of fifty
dollars ^ach, and of such amount as the company may determine, and shall
be deemed personal property, and may be transferred in such manner and
in such places as the by-laws shall direct, and the persons named in the first
section of this act, or a majority of them, or of the corporators named
therein residing in this Territory, may open books of subscription to the
capital stock, at such times and places as they may deem expedient, and
when one thousand shares shall have been subscribed, and one per centum
of the subscription paid thereon, the shareholders may proceed to organize
said company, and naay elect five or more directors, and the directors when
chosen may, and they are hereby authorized and empowered, in the name,
and in behalf of the said company, to have and exercise all the rights,
powers, and privileges which are intended herein to be given ; they may
accept any grants of lands or other endowment, or aid given or granted
them for the above purposes, by the United States or this Territory, or
obtain the same in any other lawful way, and they may from time to time
increase their resources by borrowing money, and may for that purpose
mortgage or pledge any property, real or personal, which they may hav^
and issue bonds on the same in such sums and payable in such manner 'as
they may think proper.

Sec. 4. The by-laws of said company shall prescribe the manner in
which the officers and agents of the company shall be chosen, and designate
their power and duties, and terms of service, and compensation, and may
provide for the forfeiture of shares in case of default of payment therefor.

Sec. 5. That it shall be lawful for the said company to charge and receive
such tolls and freights for the transportation of passengers and freight <)n
said roads and branches, and for the transmission of messages by telegraph
as shall be fixed by them, subject to revision by the Legislative ^sem-
bly.

Sec. 6. That the said cx>mpany may, at any time after the passage of this
act, locate their said roads, telegraph lines, and branches, and may take
sufficient land for the same, and for such buildings and such uses and pur-
poses as they may require to carry into effect the purposes of this act ; and
in case they cannot agree with the owner of any land, stone, eaitb, or oUier
materials wanted for the construction of said roads, the said company niay
apply to the probate judge of the proper county, and the said judge shall
direct i<he sheriff to summon a jury of six disinterested persons, who shall
upon oath estmiate the value of the earth, stone, land, or materials taken

LAWS or ARIZONA. ' 53

under the provisions of this act, and upon payment of the sum estimated as
aforesaid, the proper legal title to the land, earth, stone, or other materials
thus estimated shall vest in said company.

Sec. 7. The said company shall have the same rights as individuals to all
minerals discovered by the work of the company in levelling, tunnelling,
etc., but shall be amenable in respect thereto to the mining laws of the
Territory.

Sbc. 8. The said company may build their said roads across sluj highway,
county road, or toll road, and may bridge any stream or river m this Ter-
ritory, or any part of which is in this Territory.

Sec. 9. That said company shall organize and commence operations
within five years from and after the passage of this act, and upon failure to
do so this charter shall be forfeited.

Afproyed November ^, 1864.

AN ACT

Incorporating the Prescott^ Walnut Gfrove^ and Pima Road Company.

Be it enacted by the Legislative Assembly of the Territory of Arizona : —

Sec. 1. That Robert W. Groom, James G. Sheldon, Richard Gird,
Richard C. McCormick, Adnah French, Elijah M. Smith, A. C. Benedict,
Henry A. Bi^elow, A. O. Noyes, J. Alexander Mahon, J. T. Alsop, Almon
Gage, John B. Allen, A. M. White, James S. Giles, Jackson McCrackin,
Jack Swilling, King S. Woolsey, and their associates and successors, are
hereby formed into a body politic and corporate with the name and title
of the Prescott, Walnut Grove, and Pima Road Company, and with this
name and under this style shall have perpetual succession, sue and be sued,
plead and be impleaded, to have and to keep a common seal, acquire, enjoy,
and transfer either real estate or personal property, and may make and
adopt all rules and regulations necessary to carry into* effect all the objects
of this incorporation, not inconsistent with or repugnant to the laws of the
United States or those of this Territory.

Sec. 2. That said company is authorized and allowed the exclusive
privilege arid power to construct and build a toUrroad from the town of
Prescott in an easterly direction, via Groomdale to Turkey Creek, thence
in a southerly direction to a point on the Hassayampa Creek, in the
vicinity of Walnut Grove, and thence to the Pima villages, with a branch
extending to the town of Weaver, to connect with the branch of the
Arizona Central Road Company at that place, and a branch extending to
the public road leading from Prescott, ma Woolsey's Ranch, to the Pima
villages, to construct bridges and grade said road, to dig wells at practi-
cable points, and do all things necessary to make said road safe and passable
at all times tor wagons with their usual freights, and may receive and collect
tolls in sums not exceeding the following rates, to wit :

1. For each wagon drawn by two horses, mules, or horned cattle, five
cents per mile, and for each additional animal one cent per mile.

64 I»AWS OF ABIZONA.

2. For each vehicle drawn by one animal, three cents per mile ; and for
each additional animal, one cent per mile.

3. For each horse, mule, or other animal and rider, two cents per mile*

4. For each pack animal, one cent per mile.

5. For each head of loose stock in droves, one-half of one cent per mile.

6. For each head of sheep, goats, or bogs, one-eighth of one cent per mile.

7. No tolls shall be collectt?d from any foot passengers, or from Indians,
unless they be employed in driving stock or teams for persons liable to
pay tolls, as provided in the foregoing divisions of this section.

Sec. 3. That said company shall expend within one year from and after
the passage of this act, one thousand dollars, and shall complete said road
before the expiration of three years from the first day of January, a. d,
1866, and before any tolls shall be collected for travel thereon.

Sec. 4. That the company shall have the right of way over the public
lands along the line of their road, and no person or persons, or body cor-
porate, shall hold or maintain any toll-road at 'any point along the route of
said road nearer than five miles to the same ; said company may occupy,
purchase, and own such amounts of lands at different points on the line of
said road, and at the termini of said road, as the legitimate business and
purpose of maintaining said road shall require, not exceeding in all sixteen
nundred acres ; said company shall have the right of way over lands of
private individuals, using therefor one track only, not more than fifty feet
wide ; and if the compensation or damages to be paid therefor cannot be
settled by agreement of the parties, the same shall be determined by the
judge of probate of the county in which the land lies, upon complaint to,
him setting forth the facts.

Sec. 5. No tolls or charges shall be made or colleeted by said company
for travel on said road, until said road shall have been examined by a com^
missioner, to be appointed by the governor of the Territory, who is hereby
authorized to appoint a disinterested person for such purpose, on receipt
from the company of a petition praying therefor, and who slrttll have re-
ported in writing to the governor what amount has been expended, and
what improvements have been made thereon, and whether said company
have complied with the provisions of this act ; and the governor, on
receipt of a favorable report from said commissioner, shall have made a cer*
tificate of the fact to said company, authorizing the company to collect
tolls on said road ; and the governor shall communicate all said papers to
the Legislative Assembly at its next session thereafter.

Sec. 6. The proceedings referred to in section five, may be had at any
time when that portion of said road, between any two points mentioned,
shall have been completed, and the company desire to open such portion of
the road for travel.

Sec. 7. No tolls or charges shall be collected £ar. any water or grass used
by man or bea^t along the line of said road, ^om any person travelling
thereon ; and unless the requirements of section five of this act be complied
with, this act shall become null, and all the rights and privileges herein
granted shall be forfeited by said company.

Sec. 8. If any person shall neglect, or refuse, to pay the toll authorized
by this act, when demanded by any person authorized to collect the same,

LAWS O^ ARIZONA. 65

be shall be liable for doable the amount of toll legally due from him, to be
collected on complaint in the name of the company, in any court of compe-
tent jurisdiction ; and the wagon or wagons, and the animal or animals,
owned by him or in his charge, shall be liable to be taken on attachment,
or execution, to satisfy the judgment which may be obtained.

Sec. 9. That the capital stock of said company shall consist of fifty thou-
sand dollar ($50,000), which, at any legal meeting of the stockholders, may
be increased to one hundred thousand dollars ($100,000), to be divided
into shares of fifty {$50) dollars each, and each of said shares shall be con-
sidered as personal property, and maybe bought and sold, assigned or
transferred, in such manner and in such place as may be prescribed^ by the
stockholders, or a majority of them, in their rules or regulations.

Sec. 10. That the officers of said company shall consist of a president,
secretary and treasurer, and three directors, who shall be stockholders of
said company, and shall be elected by the stockholders of said company, or
by a majority of them legally assembled, and shall hold their offices for one
year from and after their election, and until their successors shall be duly
elected ; and such officers may be removed from office whenever a majority
of stockholders present at any legal meeting called for that purpose, shall
determine that they have been guilty of mismanagement or fraud in the
discharge of their duties.

Seo. 11. Each share of the capital stock of this company shall be entitled
to one vote at all meetings of the stockholders, and may be represented
and voted in the absence of the true owner, by any one holding a written
proxy from the party in whose name the stock stands on the books of the
company, or who shall appear to be the legal representative of such owner.

Seo. 12. The meeting to organize said company under this act, shall be
held at Prescott, on or before the first Monday of January next, and a major-
ity of the persons named • therein shall constitute a quorum for the trans-
action of business, and they may make by-laws, and transact any other busi-
ness necessary to organize this corporation.

Sec. 13. That said company may erect and maintain toll-gates at neces-
sary points, and that the rates of toll contained in section two shall be
plainly printed, and posted in a conspicuous place at each toll-gate on the
road, and be maintained at all times in a legible condition.

Sec. 14. That all persons exhibiting a certificate from any commissioned
officer of the Territory that they are in the militia service of the Territory,
shall be exempt from the payment of tolls on the said road.

Sec. 15. This act shall take effect and be in force from and afler its pas-
sage.
Approved November 9, 1864.

56 LAWS OP ARIZONA.

Ai^ ACT

To Provide for the Contingent Mi^ensea of the Territorial Government,

Be it enacted by the Legislative Assembly of the Territory of Arizona :—

Sec. 1. That the bonds of the Territory are authorized to be issued by
the treasurer thereof, to an amount not exceeding fifteen thousand dollars
(|15,00C) payable in three years, with annual interest at ten per cent (10
pr. ct.) principal and interest payable in the gold coin of the United States ;
said bonds with coui3ons shall be made, issued, signed, and deposited with
the treasurer of the Territory, as provided by the act, entitled " an act
authorizing a loan on the faith and credit of the Territory, to inaugurate
and pay the expenses of a campaign against the Apache Indians," except
that where the words " Indian war loan" occur in the form of bond pre-
scribed by that act, the words " Loan for contingent expenses" shall be sub-
stituted therefor, and the time of payment of said bonds and coupons shall
conform to the provisions of this act.

Sec. 2. That the board of Territorial auditors audit all accounts and
claims against the Territorial treasury, contracted under and by virtue of
any existing law, and for the payment of which the Territory is legally
•liable, together with such claims as may arise under any appropriation
made payable from the fund provided by this act, and the salaries of the
officers of the Territory, which are made payable from the Territorial trea-
sury, and in no other way, and the board of Territorial auditors shall give
to such persons a warrant for the amount found due them, drawn on the
Territorial trea8ui*er, and specifying the claim for which it is given, that if
there are no other funds of the Territory in his hands for the payment
thereof, the amount due thereon shall be paid from the fund created by
this act.

' Sec. 3. The treasurer of the Territory, upon the receipt of such Vrarrant,
if there are not sufficient funds of the Territory in his hands to pay the
same as aforesaid, shall issue to the holder of the same, so many of said
bonds at par, with such money as he may have not otherwise appropriated,
for the payment thereof, and said warrant, with the holder's receipt of pay-
ment thereon, specifying the number and amount of bonds so received by
him, shall be a sufficient voucher for said treasurer in all settlements that
he is required by law to make. The said bonds shall not be negotiated or
paid out except as herein provided.

Sec. 4. The said bonds and the coupons, after such coupons become due,
shall be taken in any payment for ail taxes and licenses levied, assessed, or
collected by the Territory of Arizona, or any county thereof.

Sec. 6. The said treasurer shall pay the said interest on said bonds wheii
due, taking the coupons as his vouchers therefor, and he may retain in his
hands for that purpose sufficient amount of money of the money of the
Territory, and donvert the same into gold at the current rates, but shall
give the board of Territorial auditors notice in writing of the amount he
retains for that purpose, specifying the time and place, when and where he
proposes to convert the same.

Sec. 6. This act shall take effect and be in force from and after its passage.
Appeovbd November 9, 1864

LAWS OP ABIZONA. . 57

AN ACT

AmmdaJtory to Chapter Fifty-seven of the Code^ entitled " Of Fees of

Ojfficersr

Be it enacted by the Legislative Assembly of the Territory of Arizona : —

Sec. 1. That the fees of the probate clerks, sheriffs, and con^ables, esta-
blished and regulated m chapter fifty-seven of the Code, entitled " Of Fees
of Offioers," take effect and be in force from and after the passage of this

act.

AppEOVfiD November 9, 1864.

AN ACT

Declaring the time when Chapter Fifty-nine of the Code^ entitled " Of

the Jhrohibition of Oambling^'^ shall take ^ed.

Be it enacted by the Legislative Assembly of the Territory of Arizona : —

Sec. 1. That chapter fifty-nine of the Code, entitled " Of the Prohibition
of Gambling," shall take effect and be in force from and after the passage
of this act.

Approved November 9, 1864.

AN ACT

To Incorporate the Prescott and Fort Wingate Hoad Company,

Be it enacted by the Legislative Assembly of the Territory of Aiizona : —

Sec. 1. That Edmund W. Wells, King S. Woolsey, Charies W. Stanley,
Almon Gage, and their associates, are hereby constituted and formed into
a bo dy p olitic and corporate, with the name and style of the Prescott and
Fort Wingate Road Company, and by that name^ and style shall have per-
petual succession, sue and be sued, plead and be impleaded, to have and
keep a common seal, acquire and transfer either real estate or personal pro-
perty, and may make or draft all rules and regulations necessary to carry
mto effect the objects of this incorporation, not inconsistent nor repugnant
to the laws of the United States or the laws of this Territory.

Sec. 2. Said company is authorized and allowed the exclusive privilege
and power to construct and build a toll-road from the town of Prescott to
the nearest and most convenient, point in the direction of Fort Wingate,
on the one hundred and ninth meridian of longitude west from Green-
wich, being the boundary of New Mexico and Arizona Territory ; to con-
struct bridges and grade said road ; to open' springs and dig wells at practi-
cable points ; and to keep and maintain facilities for furnishing water to
men and animals passing over said road ; and to do all other things neces-

58 LAWS OF AEIZONA.

sary to complete said road, and make the same safe and passable at all
times ; and may construct and maintain one or more toll-gates ; and may
Teceive and collect toll or passages^money in sums not exceeding the follow-
ing rates, to wit :

For each wagon drawn by two horses, mules, or homed cattle, five cents
per mile-;

For each additional span of horses, mules, or homed cattle, two cents
per mile ; •

For each carriage, cart, or vehicle, drawn by one horse, mule, or ox,
three cents per mile ;

For each horse, or other animal and rider, two cents per mile ;

For each pack animal, horse, mule, or ass, two cents per mile ;
. For every goat, sheep, or hog, one-fourth of one cent per mile ; for other
loose stock, one-half of one cent per mile.

Sec. 3. That said company shall have the right of way over the public
lands along the line of tneir road, and no person or persons, or body cor-
pdtate, shall build or maintain any toll-road at any point along the route of
said road nearer than ten miles to the same, or either side of the same;
said company may purchase, lease, or own such amount of land at difierent
points on the line of said road as the legitimate business and purposes of
maintaining the said road shall require, not exceeding in all two thousand
acres ; said company shall have the right of way over land of private indi-
viduals, using therefor one track not more than fifty feet wide ; and if the
compensation or damages to be paid therefor cannot be settled by agree-
ment of the parties, the same shall be determined by the judge of probate
of the county in which the land lies, upon complaint to him setting forth
the facts.

Sec. 4. That said company shall, within six months from and after the
passage of this act, expend in the survey, location, and construction of this
road, at least one thousand dollars; and shall construct and fully complete
said road throughout in 'a manner safe and passable for wagons with their
usual freights, within three years from and after the passage of this act.

Sec. 6. No toll or charges shall be made by said company for travel on
said road, until said road, or section thereof of not less than one-fourth of
the whole distance, shall have been examined by a commissioner, to be
appointed by the governor of said Territory, who is hereby authorized to
appoint a disinterested person for such purpose, on a receipt of a petition
from the company praying therefor ; and who shall have reported in writing
to the governor what amount has been expended on said road by said com-
pany, and what improvements have been made thereon, and whether said
company has complied in all respects with the provisions of this act ; and
the governor, if he agrees in opinion with said commissioner that said com;
pany has in all respects complied with the provisions of this act, shall have
made a certificate of the &ct to said oompany authorizing them to collect
tolls thereon; and the governor shall communicate all said papers to the
Legislative Assembly at its next session thereafter.

Ssc. 6. The privileges conceded to said company, as heretofore set forth
and qualified, are, and shall be, and continue for the term of thirty years from,
and after the passage of this act ; and at the expiration of said term, said
road shall be relinquished by said company in good order, to the Territory

LAWS OP ARIZONA. 59

or State, as the case may be ; said company retaining any houses, lands, or
other property, not necessarily required 4^ actual passage over said road.

Sec. 7. If any person shall neglect or refuse to pay the toll authorized by
iihis act, for any animals or teams owned or driven by him when demanded
by any person authorized to receive the same, he shall be liable for double
the amount of toll legally due from him, to be collected on complaint in
the name of the company, in any court of competent jurisdiction ; and the
wagon or wagons, and the animal or animals, owned by him or in his
chaise, shall be liable to be taken on attachment or execution, to satisfy
the judgment which may be obtained.

Sec; 8. That the capital stock of said company shall consist of fifty thou-
sand dollars (150,000), which may be increased at any legal meeting of the
stockholders of said company, to one hundred thousand dollars ($100,000),
to be divided into shares of fifty dollars ($50) each ; and each one of said
shares shall be considered as personal property, and may be bought and
sold, assigned or transferred, in the same manner and in such place as Hhe
stockholders, or a majority of them, may prescribe in their rules and regu-
lations.

Sec. 9. That the oflScers of said company shall consist of a president,
secretary, treasurer, and three directors, who shall be stockholders of said
company, and shall be elected by a majority of them legally assembled ;
and shall hold their offices for one year from and after their election, and
until their successors shall be duly elected ; and such officers may be removed
from office whenever a majority of stockholders present at any legal meet-
ing called for that purpose shall determine that they have been guilty of
mismanagement or firaud in the discharge of their duties.

Sec. 10. The meeting to organize said company under this act shall be
held at Prescott, on the first Monday in December next, and a majority of
the persons named therein shall constitute a quorum for the transaction of
business ; and they may make by-laws and transact any other business that
may be necessary to organize this corporation.

Sec. 11. That all persons exhibiting a certificate from any commissioned
officer of this Territory that they are in the service of the Territory, shall
be exempt from the payment of tolls on said road.

Sec. 12. The Legislature shall have the right to change or modify tbe
above rates of toll at any time aft«r the expiration of one year from and
after the completion of said road.

Sec. 13. This act shall take effect and be in force from and after its
passage.

Appbgyed November 9, 1864

60 ' LAWS OP ARIZONA.

AN ACT
2o provide for the Civil M/penaes of the Territorial Government.
Be it enacted by the Legislative Assembly of the Territory of Arizona : —

Sec. 1. That the following sums be and they are hereby appropriated for
the objects hereinafter expressed, viz :

For the salary of the attorney-general for the past year and up to the
tenth day of November, a.d. 1864, eleven hundred and sixty-six ($1,166)
dollars.

For the printing of the journals of the Legislature and other public
printing, eleven hundred and twenty-one ($1,121) dollars.

For the salary of the Territorial treasurer, fifteen hundred ($1,500)
dollars.

For the salary of the attorney-general for the next year, ending Novem-
ber tenth, 1865, two thousand ($2,000) dollars.

For the salary of the adjutant-general, five hundred ($500) dollars.

For the necessary appropriations for school purposes, fifteen hundred
($1,500) dollars.

For printing the laws of the Territory, three thousand ($3,000) dollars.

For reading the proof and superintending the printing of the Code, two
hundred and fifty ($250) dollars.

For enrolling the Code of jthe Legislature, one thousand ($1,000) dol-
lars.

For the contingent expenses of the Territorial Government for the year
ending December thirty-first, 1865, fifteen hundred ($1,500) dollars.
, For the commissioner, the Honorable William T. Howell, for drafting a
Code of Laws for the Territory, two thousand five hundred ($2,500) dol-
lars.

For Milton B. Hadley for translating the governor's message into the
Spanish language, one hundred ($100) dollars.

Sec. 2. That in case there shall not be sufficient money in the Territorial
treasury, the treasurer is herebjr authorized to pay such appropriation in
bonds provided to be issued by an act entitled " An Act to provide for the
Contingent Expenses of the Territorial Government," passed at the present
session of the Legislature.

Sec. 3. This act shall take effect and be in force from and after its passage.
Appbovbd November 10, 1864.

RESOLUTIONS.

EESOLUTIONS.

JOINT RESOLUTION

JProvidinff Payment for Enrolling BUU.
Be it resolved by the Legislative Assembly of the Territory of Arizona : —

1. That the several persons employed in enrolling bills in the Council and
House of Representatives, shall reeeive for their services at the rate of
twenty-five cents per folio of one hundred words^

2. That the President of the Council and the Speaker of the House be
and they are hereby required to audit and allow the accounts of the several
persons employed in enrolling bills, according to the rates above specified^
and that they shall certify the same to the Secretary of the Temtory, who
shall pay the same and take their receipts therefor.

3. That the sum of one thousand dollars is hereby appropriated out of
any fund belonging to this Territory, which is not otherwise appropriated,
for the above object.

Appbotsd October 24, 1864.

JOINT RESOLUTION
To FiiTchase Books for the Territorial Idbrary.
Be it resolved by the Legislative Assembly of the Territory of Arizona : —

1. That the books, maps, charts, and pamphlets, purchased by Honorable
Richard C. McCormick, Secretary of the Territory, for the use of the Ter-
ritorial Library, are hereby purchased and received as a part of the said
library, at the prices and charges specified in his bills certified by him to
the committee on pubtio buildings, grounds, and Territorial library.

2. That the remainder of the congressional appropriation be expended for
additional standard works, including the proportion of law books required
by law, under the direction of the Temtorial librarian, unless otherwise
ordered by the Cangress of the United Statea^.

Afpbovxd November 3 1S64.

64 LAWS OF ABIZOHA,

JOINT RESOLUTION.

Instructions to the HonoraUe Charles 2>. Poston^ concerning Arms and

Mail JRoutes with Postal Service,

Be it resolved by the Legislative Assembly of the Territory of Arizona: —

1. That the Hon. Charles D. Poston, our delegate to the Congress of the
United States, be instructed and requested to use every effort in his power
to procure from the general government five hundred stand of Springfield
rifled muskets, calibre 58, of the latest improved quality, with their equip-
ments and fixed ammunition, sufficient for the purpose of arming and
equipping a battalion of Arizona rangers, for active service against the
Apaches and other hostile Indian tribes in this Territory.

2. That he be instructed and requested to procure the establishment of
the following mail routes, with weekly postal service on each : — Ist. From
Mesilla, via Tucson, Casa Blanca, and Agua Caliente, to La Paz, in coaches.
2d. From Tucson, via Tubac, to Patagonia Mines. 3d. From Tubac, via
Cerro Colorado, Fresnal, and Bababi, to Tucson. 4th. From Casa Blanca,
via Weaver, Walnut Grove, and Upper Hassayampa, to Prescott. 6th.
Prom Prescott to La Paz, in coaches. 6th. From La Paz, via Williams-
port, Castle Dome City, Laguna, and Arizona City, to Fort Yuma. 7th.
From La Paz to Los Angeles, in coaches. 8th. From Prescott to Mohave
City, in coaches. 9th. From Mohave City to Los Angeles, via San Ber-
nardino, in coaches. 10th. From Mohave City, via Aubry, to La Pass.
11th. From Mohave City, via Santa Clara, to Fillmore City, in the .Terri-
tory of Utah. 12. From Albuquerque, New Mexico, to Prescott, in
coaches.

3. That a copy of these instructions be forwarded immediately to the
Honorable Charles D. Poston, by the Secretary of the Territory.

Afproyied Nofember 7, 1864.

JOINT RESOLUTIOl}^.

Instructing the Honorable CJiarles 2>. Poston to urge the Congress of the
United States to appoint Commissioners to Survey and Mstablish the
Boundary Line between Nenada^ Utah^ and Colorado Territories and
Arizona,

Whereas^ The settlements of Santa Clara and Saint George, on the Rio
Virgen, contain a population of some five hundred inhabitants, and are
now claimed and submit to the jurisdiction of the Territory of Utah ; and,
whereas^ it is believed that said settlements are south of the SVth degree of
north latitude, and within the Territory of Arizona ; and, whereas the rapid
settlement of this Territory, alon^ and near its boundary lines, in connec-
tion with the known rich miner^ and agricultural wealth, make the ques-
tion of civil jurisdiction one of delicacy and vexation, only to be obviated
by speedily locating and marking permanently such boundiaries ; therefore,

Be it resolved by the Legislative Assembly of the Territory of Arizona : —

1. That the Honorable Charles D.' Poston, our delegate in Congress, be
and is hereby respectfully requested to urge the Congress of the United

LAW0 OF ARIZOKjL 65

States to appoint Commissioners to survey and fix the bpmidary lines
between Nevada, Utah, and Colorado Territories, and the Territory of
Arizona.

2. That a copy of these resolutions be forwarded by the Governor to the
Honorable Charles D. Poston, our delegate in Congress.

Apfbotkd NoYember 7, 1804.

JOINT RESOLTJTION

Relative to the TerrUoricU Arms and Ammunition.'

Be it resolved by the Legislative Assembly of the Territory of Arizona : —

That his Excellency, John N. Goodwin, Governor of the Territory, be
requested to take immediate steps to procure the one hundred and twenty
stand of arms, with their eqaipments, and eighteen thousand rounds of ball
and buck cartridges belongmg to this Territory, and which are not now in
his possession ; ^id if they cannot be procured in kind, then their equivalent
in value. !^

Appbotbd Noyember 7, 1864.

JOINT RESOLUTION
Authorizing the Governor to sell the Territorial Arms.
Be it resolved by the Legislative Assembly of the Territory of Arizona : —

1. That his Excellency, John N. Goodwin, Governor of the Territory, is
hereby authorized and directed to sell, in such market as he may deem
best, all the ordnance and ordnance stores peHaining to this Territory, the
same being of the old pattern and inferior quality, and totally unfit for tiie
arming of the militia forces of this Territory.

2. All moneys derived from the s^Je of the ordnance mentioned in the
preceding section, shall be expended, under the direction of the Governor,
m the purchase of the latest improved arms, with ammunition for the same,
and expenses attending the transportation of the same to this Territory.

8. All ordnance and ordnance stcnres now pertaining to this Territory,
and which may hereafter come into possession thereof either by purchase
or from any other source, shall be under the control and direction of the
Governor of the Territory, except as otherwise provided by law.

Affboyxd November 7, 1864.

66 LAWS OF ARIZONA.

JOINT RESOLUTION

Providing Additional Compensation for the Secretary of the Cotmeilj
Clerk of the Mouse of Representatives^ and their Assistants,

Be it resolved by the Legislative Assembly of the Territory of Arizona : —

1. That, in addition to the compensation appropriated by the Congress of
the United States, there is hereby allowed to the Secretary of the Council
and the Clerk of the House of Representatives^ the sum of five dollars per
day each ; and to the Assistant-Secretary of the Council, and the Assistant*
Clerk of the House of Representatives, the snm of two dollars per day
each ; and to the Sergeant-at-Arms and Door-keeper of the Council, the
Sergeant-at-arms and Door-keeper of the House, the sum of two dollars
per day each ; and to the Watchman of the Council, and Watchman of
the House, the sum of one dollar per day each.

2. That the Board of Territorial Auditors are hereby authorized to audit
and allow the account of each of the above-named officers, certified
by the presiding officer of each House respectively, which amount shall,
when so audited, be paid by the Treasurer of the Territory out of any funds
not otherwise appropriated.

AppmoTXD l^ovember 9, 1864.

JOINT RESOLUTION

Appointing a Translator and Interpreter^ who shall act as a Commissioner
to publish the Laws required to he published in the Spanish language.

Be it resolved by the Legislative Assembly of the Territory of Arizona : —

1. That the Honorable W. Claude Jones be and he is hereby appointed
Translator and Interpreter of the Legislative Assembly, under the provisions
of the Act of Congress, approved March dd, 1858, and his appointment to
take effect from the 29th of September last.

2. That said translator and mterpreter is also hereby authorized to act
as commissioner to make a compendium of such portion of the laws of the
Territory as are required to be translated into the Spanish language, and
to translate and superintend the printing of the same.

i^ppBOTED November 9, 1864.

JOINT RESOLUTION

To give effect to Chapter Twenty-three of the CodCy entitled '^ Of

MducaJbionP

9
t

Be it resolved by the Legislative Assembly of the Territory of Arizona : —

That the last section of the House Bill, number seven, chapter twenty-
three of the Code, entitled " Of Education,'' be amended, so as to read,
(( This act -shall take effect and be in force from and after its passage."

AiPROTXD November 9, 1864.

LAWS OP ARIZONA, 67

JOINT RESOLUTION

^^ ^

Promdingfor Printing the' Lectures of the Honorable Wl Claude Jbnes^

on the JReaources of Arizona.

Be it resolved by the Legislative Assembly of the Territory of Arizona : —

1. That ^200) two hundred copies of the lectures delivered by the Hon-
orable W. Claude Jones, Speaker of the House, in compliance with a con-
current resolution of the Legislative Assembly, on the Resources of Arizona,
be printed, with a map ilhistrative thereof, under his superintendence, and
that the expenses of the same be audited by the board of Territorial audi-
tors, and paid out of any money belonging to the Territory, not otherwise
appropriated.

2. That said lectures, when printed, shall be deposited with the Terri-
torial librarian, whp shall furnish a copy of the same to the Governor, Secre-
tary of State, Treasurer, Judges of the Supreme Court, Attorney-General,
members of the Council and House of Representatives, and one to each of
the probate judges and recorders of the several counties.

Appboy|U> November 9, 1864.

JOINT RESOLUTION

Empowering the Ghvemor of the Territory to make Necessary Corrections
in the Phraseology and Wording of the Code of Laws.

Be it resolved by the Legislative Assembly of the Territory of Arizona : —

That his Excellency, the Governor of the Territory, be requested, and is
hereby empowered, to make such corrections in the phraseolo^ and wording
of the several chapters of the Code of laws as may be necessary to produce
harmony of language in the same ; Provided^ that no alterations shiul affect
the intent or substance of the law.

Appboyed November 9, 1864.

JOINT RESOLUTION

Relative to Publishing a Compendium of the Laws of the Territory

in Spanish.

Be it resolved by the Legislative Assembly of the Territory of Arizona : —

That the translator and interpreter, acting as a commissioner, appointed
by resolution of the present session of the Legislative Assembly, shall make
a compendium, and translate into the Spanish language, at the earliest
practicable period, the following laws and parts of laws and the Secretary
of the Territory shall cause to be printed not less thar "^ne hundred (100)
copies of the same :

68 LAWS OF ABIZONA.

1, All that part of the Code of civil practice which relates to the powers
and jurisdiction of the coarts, and the method of procedure in civil actions,
and all that part of said civil practice relative to the powers and duties of
justices of the peace.

2, A general compendium of the election law, including the qualification
of voters, the appointment of officers, the mode of conducting elections,
making returns, and contesting elections.

3. That portion of the criminal law defining crimes and their punish-
ments, with a brief compendium of the mode of procedure in criminal
causes.

4. The chapter relative to acequias, or irrigating canals, entire.

5- That portion of the mining laws relative to the location and registry of
mines, and the jurisdiction of courts in mining cases.

6. The chapter on gaming.

7. Tlie chapter relative to license tax.

8. That portion of the general taxation law relative to the assessment
and collection of the revenue.

9. That portion of the Code relative to the probate courts, defining their
jurisdiction and mode of procedure therein.

10. The act relative to grants of lands and registry^ titles.
Appbovbd November 10, 1864.

CONCURRENT RESOLUTION

Tendering Thanks to the JSonorable Charles D. JPoston^ Superintendant

of Indian Affairs,

Whereas^ Arduous and difficult duties have been performed in an effi-
cient and able manner by the Honorable Charles D. Poston, as Superinten-
dent of Indian Affairs ; and

Whereas^ The Legislative Assembly has no more efficient and practicable
mode of expressing the sense of obUgation felt toward him for the same ;
therefore be it

Resolved by the House of Representatives, the Council concurring.
That the thanks of the Legislative Assembly of the Territory of Arizona,
are hereby tendered to the Honorable Charles D, Poston, for the honest,
able, and efficient manner in which he has discharged the duties of United
States Superintendent of Indian Affairs.

CONCURRENT RESOLUTION

Tendering Thanks to Lieutenant- Colonel Nelson H, Davis^ Inspector-
General of the Department of New Mexico,

Hesolved by the House of Representatives, the Council concurring.
That the thanks of the people of Arizona are hereby presented, through this
Legislative Assembly, to the brave, active, and persevering Lieutenant-
Colonel Nelson H. Davis, Inspector-General of the Department of New

LAWS OF ARIZONA. ^ 69

Mexico, for bis able, efficient, and valuable service while in Arizona, in the
exploration of the country, and successful expeditions against the .hostile
Apaches.

2. That the Secretary of the Territory be requested to forward to Lieu-
tenant-Colonel* Davis a copy of these resolutions.

< I

CONCURRENT RESOLUTION

Tendering Thanks to Sis JExcdlency John N, Goodwin^ Governor of

. the Territory,

Resolved by the Council, the House of Representatives concurring.
That the thanks of this Legislative Assembly are due and are hereby ten-
dered to His Excellency John N. Goodwin, Governor of the Territory, for
the valuable service he has rendered the various committees of both Houses,
in the preparation of the laws, for his uniform and generous courtesy to
the members, and for his active interest in all that pertains to the prosper-
ity of the Territory.

Hesolved by the Council, the House ot* KepreseiiwniiYtJB wmxj^i^f^j __
the Governor of this Territory be and is hereby authorized and empowered
to change the following chapters of the Code in his hands, passed at the
present session of the Legislature, so that they shall take effect and be in
force from and after the 20th day of April next. Said bills are entitled as
follows : Of Crimes and Punishments ; Of Proceedings in Crinunal Cases ;
Of Jails and Prisons, and Confinement Therem ; Of the Title to real Property
by Descent ; Of the Distribution, Custody, and Application of Public Moneys ;
Of the Limitation of Actions; Of Fraudulent Cfonveyances and Contracts;
Of Estates in Dower ; Of Wills ; Of Probate Courts ; Of Marriages ; Of
Divorce ; Of the Rights of Married Women ; Of the Liability for causing
Death by Wrongful Neglect or Default ; Of Exemptions ; Of Attorneys and
Counsellorwtt-law ; Of Conveyances ; Of Forcible Entry and Detainer ; Of
Corporations for Mining Purposes ; Of Acequias or Irrigating Canals;
* — *=* •-—^^^Eaoiifersons Mid Orphan Children of Indians ; Of Com-

' CONCURRENT RESOLUTION
Tendering Thanks to Lieutenant- Colonel King S. Woolsey and his Men.

Whereas^ Since the settlement of this country, the people have suffered
in the loss of the lives of some of our most respected citizens ; also in loss
of stock and other property, and from constant apprehension of attacks,
owing to the frequent raids made by the hostile Indians ; and

JyhereaA, Lieutenant-Colonel King S. Woolsey has, with great perse-
verance and personal sacrifice, raised and led against the Apaches, during
the present year, three several expeditions, composed of citizen volunteers,
who, like their commander, have spent their time and means, and up to
this time have been entirely unrecompensed therefor ; and

70 LAWS OF ARIZONA.

TTAerecw, These expeditions have been highly beneficid to the people,
not only by taking the lives of numbers of Apaches, and destroying the
property and crops in their country, but also bv adding largely to the geo-
ffraphic»l, eeolo^cal, and mineralogical knowledge of the country ; therefore

Resolved by the Council, the House of Representatives concurring.
That the thanks of the Legislative Assembly of the Terr^ory of Arizona be,
and are hereby presented to Lieutenant-Colonel King » Woolsey, and all
of those- who, under his guidance, have endured with him so many hard-
ships, and have contributed so much to the safety, knowledge, and general
welfare of the people, j ,

CONCURRENT RESOLXTTION

Tendering Thanks to Captain T T. Tidbatt, Fifth Infantry, Califor^

nia Volunteers.

Whereas The able and valuable services of Captain T. T. 'Edball,
of the Fifth Infantry, California Volunteers, in his various successful expe-
ditions agamst the barbarous Apaches, merit the highest expression of our
approbation, and as the only mode of expressing the obhgations that the

people of Arizona owe to him ; therefore

^ iT-.-T - -' ov^jwXjulCKfiNT RESOLUTION

Tendering Thanks to the Sbnorable Charles D. JPoston^ Superintendant

of Indian Affairs,

Whereas, Arduous and difficult duties have been performed in an effi-
cient and able manner by the Honorable Charles D. Poston, as Superinten-
dent of Indian Affairs ; and

Whereas, The Legislative Assembly has no more efficient and practicable
mode of expressing the sense of obligation felt toward him for the same ;
therefore be it

Resolved by the House of Representatives, the Council concurring.
That the thanks of the Legislative Assembly of the Territory of Arizona,

are hereby tendered to the Honorable Charles D. Poston, for the honest,

able, and efficient manner in whi^ h b^ V° >n,f^ni,«,-n a b^.i ■irt-nfiiir-iT^vnriftsTftr
*»«^»TyfW!ltntn^l() bii a resiaent oi tnis Territory, and largely interested
in the mines .thereof, having returned thereto for the purpose of looking after
his. interests therein, was placed out of said Territory in pursuance of an
order issued by General James H. Carleton, commanding the department
of New Mexico, by the military forces under his command ; therefore be it
Resolved by the Council, the House of Representatives concurring. That
such action on the part of General Carleton was unnecessary, and that in
our opinion the presence of said Mowry in this Territory was not danger-
ous to the peace thereof: that the courts of this Territory are competent
judges of all violations of the lavs of the United States, and of the Terri-
tory of Arizona, committed within their jurisdiction, and have all necessary
power and authority to punish 'all violations thereof; and be it further

Resolved, That his Excellency, the Governor of the Territory, be requested
to* forward a copy of this resolution to General Carleton, with a request
that he revoke said order, and iif case of his refusal, that he then forward a
copy of said resolution to the Secretary of War with a like request.

LAWS OP ARIZONA. 71

CONCXJR|lENT RESOLUTION

Tendering Thanks to the Honorable WtUiam T HowMt Associate Jus*
tice of the Buiprtme Cowr% and Commissioner to Hqport a Code of
Laws ; also Providing that said Code shatt^ in respect to the AiUhor
thereo/f be known as ^^The HoweU Code.^

JResolved by tbe Conncil, the House of BepreseDtatives concurring, That
the thanks of the people of this Territory are due and are hereby tend^ed
by their representatiyes in the Legislatiye Assembly, to the Honorable
William T. Howell, Associate Justice of the Supreme Court of this Terri-
tory, and assigned to the first judicial district, by reason of his antid-
pating the wants of the Territory Jby preparing his excellent and able Code
of laws therefor ; and in respect to the author thereof they shall be known
as " The Howell Code."

Resolvedy That his Excellency the Ooyemor transmit to Judge Howell
a copy of tliese resolutions.

CONCURRENT RESOLUTION

^ Empowering the Ghvemor of the Territory to change certain JBitts.

Resolved by the Council, the House of Representattiyes concurring. That
the Goyemor of this Territory be and is hereby authorized and empowered
to change the following chapters of the Code in his hands, passed at the

J)resent session of the Legislature, so that they shall take effect and be in
brce from and after the 20th day of April next. Said bills are entitled as
follows : Of Crimes and Punishments ; Of Proceedings in Criminal Cases ;
Of Jails and Prisons, and Confinement Therein ; Of the Title to real Property
by Descent \ Of the Distribution, Custody, and Application of Public Moneys ;
Of the Limitation of Actions ; Of Fraudulent Conyeyances and Contracts ;
Of Estates in Dower ; Of Wills ; Of Probate Courts ; Of Marriages ; Of
Diyorce ; Of the Rights of Married Women ; Of the Liability for causing
Death by Wrongful Neglect or Default ; Of Exemptions ; Of Attorneys and
Counsellors-at-law ; Of Conyeyances ; Of Forcible Entry and Detainer ; Of
Corporations for Mining Purposes ; Of Acequias or Irrigating Canals;
Of the Support of Poor Persons and Orphan Children of In£ans ; Of Com-
missioners of Deeds in other States and Territories; Of Habeas Corpus;
Of the Incorporation of Villages. The following shall be likewise ad^ed by
the Goyemor to the last section of a chapter entitled Of Miscellaneous Pro-*
yisions: Provided.^ nothing contained m this section shall be construed
to repeal any laws heretofore in existence in this Territory, until the laws
inconsistent therewith, passed at the present session of the Legislature,
shall take effect and be in force, exceptmg, howeyer, that all the proyisions
of this bill, and eyery f^art thereof shall take effect and be in force from
and after the twentietn day of April, 1865.^

MEMOEIALS.

MEMORIALS

MEMORIAL

Asking that the Tract of Land in the Bend of the Colorado Hiver oppo-
site Fort Yuma he attached to the Territory of Arizona.

To the Senate and Hoase of Representatives of the United States in
Congress assembled :

Your memorialists, the Legislative Assembly of the Territory of Arizona,
respectfully represent that by the treaty of Guadalupe Hidalgo, between
the XJnitea States and the Republic of Mexico, ratified m 1848, the boundary
line between the two republics should consist of a straight line drawn from
the middle of the Gila River, where it unites with the Colorado, to a point
on the coast of the Pacific Ocean, distant- one marine league south of the
southernmost point of the port of San Diego ; that in pursuance of said
treaty the boundary line was run by the commissioners appointed by the
two republics for that purpose ; that in running the line according to the
said treaty, the said boundary line crossed the Rio Colorado twice through
a northern bend of that tortuous river, by which means a tract of land
consisting of about one hundred and fifty acres south of said bend was
thrown into the limits of the United States, thus leaving a small portion
of the territory of the United States beyond the Colorado river, which
separated it from every other portion of their territory. That when Cali-
fornia was admitted mto the union as a State, in eighteen hundred and
fifly, it was admitted with the same boundary on the south, as declared
in her constitution, that was specified in the said treaty of Guadalupe
Hidalgo 'and run by the commissioners aforesaid, the River Colorado
separating the small tract of land before specified from the remainder of
the State. Tour memorialists further represent, that the organic act of
the Territory of Arizona, approved the twenty-fourth day of February,
A.D, 1863, declared all that part of the Territory of New Mexico situ-
ated west of a line running due south from the point where the south- «
west comer of the Territory of Colorado joins the northern boundary of
the Territory of New Mexico to the southern boundary line of the Ter-
ritory of New Mexico, should be and was erected into a territorial
government to be called Arizona ; that the boundary of New Mexico on
the west, by the organic act creating that Territory, approved September
ninth, 1850, was the boundary line of the State of California from the
thirty-seventh parallel of north latitude south to the point of the Colorado
River where said boundary begins, which was the line run by the commis-

76 LAWS OF ARIZONA.

fiioners between the two republics as aforesaid ; that afterwards, by the
Gadsden treaty of 1854, the southern portion of the Territory of Arizona
was acquired from the Republic of Mexico, attached to New Mexico by
an act of Congress of the United States, and the boundary run and fixed
by a joint commission of the two republics at an initial point on the Colo-
rado, twenty miles below the junction of the River Gila with the Colorado ;
by this means the western boundary of Arizona runs from the thirty-sev-
enth degree of latitude the whole length of the California boundary on the
south, and beyond the line of that State on the Colorado River ; that said
small tract of land lies just below the junction of the Gila River with the
Colorado : that it is an important commercial point, and is the commercial
landing-place and business point for the Territory of Arizona on the lower
Colorado ; that it is opposite Fort Yuma, and remote from any civil govern-
ment organized in California ; that there are no police and civil regulations
there; that it is essential and important to Arizona to have said tract of
land annexed to its territory, for the purpose of forming a landing-place
and a commercial town ; that it is of little importance to the State of Cali-
fornia and of vast consequence to Arizona to possess it ; that if annexed to
Arizona the benefit of civil government would be immediately extended
over it from Arizona City, which lies adjoining it on coatiguous territory,
separated from it by an imaginary line, while the Colorado flows between
the said tract of land and the other portions of the territory of the State
of California.

Wherefore^ your memorialists pray ' your honorable body to pass an act .
by which the said tract of territory of the State of California, lying south of •
Fort Yuma and the Colorado River^ and between the Colorado River and
the line of Arizona, be annexed to said Territory of Arizona, providing that
the State of California by an act of her State Legislature will relinquish all
her right over said tract of land to the said Territory of Arizona.

Resolved^ That our delegate in Congress is hereby requested to use all hon-
orable means in his power to secure the passage of such act. That his Ex-
cellency the Governor of the Territory of Arizona is hereby requested to
transmit a copy of this Memorial to our delegate in Congress ; also a copy to
the Governor of the State of California, with the request to forward such
other information in his possession, in order that it maybe laid before the
Legislature of the State of California.

Approved November 3, 1864.

MEMORIAL

x!L9fcing an Increase per diem for Members of the Legislative Assembly y
and an Increase of the Salaries of the Territorial Officers.

To the Senate and House of Representatives of the United States in
Congress assembled : —

Your memorialists, the Legislative Assembly of the Territory of Arizona,
respectfully represent, that whereas^ the organic act of the Territory,
drawn up on the basis of the other Territories of the United States, pro-
vides that the pay per diem of the members of the first and subsequent
Legislative Assemblies shall be three dollars during their attendance at
the session thereof, and the officers of said Legislative Assemblies, together

.~r --A -•*.«

MEMORIAL

Asking an Aj^opriation of One Hundred and Fifty Thousand Dollars
for the Mnprovement of the Navigation of the Colorado Hiver.

To the Senate and House of RepreBentatives of the United States in
Congress assembled : —

Your memorialist^, the Legislative Assembly of the Territory of Arizona,
respectfully represent, that the Colorado Biver is the only navigable water
in this Territory, and is the channel through which nearly all our imports
and exports must pass to supply and accommodate the middle and northern

Eortions of the Territory ; that it is navigable, in high stages of water, five
undred miles ; that, by the expenditure of a small amount of money, it
may be rendered navigable much higher up; that portion of the river
between Fort Yuma and Fort Mojave lias a changeable channel, and is
obstructed by boulders that render the navigation of it difficult and dan-
gerous ; that the removal of said rocks would greatly facilitate the naviga-
tion of this part of the river ; that the river above Fort Mojave is rendered
difficult and dangerous by boulders and ledges or dykes that shoot out into
and across the channel of the river ; that, by the expenditure of a small
amount of money, these obstacles may be removed and the river rendered
navigable as far up as Virgin River, from which point there is a fine natural
wagon road a distance of only three hundred and fifty miles to Salt Lake City ;
that by this route government as well as private transportation can be fur-
nished in a much shorter time, and at less cost, than by any other route ;
that if the navigation of said river is improved, it will acconmiodate the
general government, and greatly increase and hasten the development of
the vast mineral and other resources of this Territory ; therefore

Your memorialists most respectfully ask, that your honorable body make
an appropriation, for the purposes above specified, of one hundred and fifty
thousand dollars, to be expended in the following manner, to wit : Fifty
thousand dollars in the improvement of the river between Fort Yuma and
Fort Mojave, and one hundred thousand dollars in improving the river
about Fort Mojave ; and that, to the furtherance of this our petition,

JResolvedy by the Legislative Assembly of the Territory of Arizona, that
our delegate in Congress, the Honorable Charles D. Poston, is requested to
use all honorable means to secure the attention of Congress.

JResolvedy That the Secretary of the Territory is hereby requested to
forward a copy of this memorial to the Honorable Charles D. Poston.
Afpboybd Nor ember 9, 1864.

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